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Patna High Court

Rajiv KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner, directing his release upon furnishing a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Rajiv Kumar, was arrested in connection with the seizure of 250.560 litres of illicit foreign liquor from a boat, alleged to be a violation of sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. He contended that he was not in conscious possession of the liquor, that the seizure was recorded only by police witnesses, and that the mandatory requirements of Section 105 of the B.N.S.S. were not complied with. The State opposed his application for regular bail, citing the seriousness of the offence and his prior criminal antecedent of one case. The Court examined the material facts, the alleged procedural lapses, and the petitioner’s custody since 03‑02‑2026, and found sufficient ground to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Special Judge, Excise‑III, Patna.

Issues considered

  • What is the appropriate discretion of the court in granting regular bail for offences under sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act?
  • Whether the alleged non‑compliance with Section 105 of the B.N.S.S. and the nature of the seizure affect the bail decision?
  • Whether the petitioner’s prior criminal antecedent and period of custody justify denial of bail?

Legislation cited

Subjects

  • regular bail
  • excise law
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 105
  • police seizure
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20832 of 2026
                        Arising Out of PS. Case No.-231 Year-2026 Thana- Excise P.S. District- Patna
                 ======================================================
                 Rajiv Kumar S/O Ravindra Rai Resident of Balwan Tola, Ward No.- 7, P.S-
                 Doriganj, District- Saran

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar Patna, Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Akhauri Kamal Kishore Sahay, Advocate
                 For the Opposite Party/s :         Mr.Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 30 (a), 32

                   and 41 (1) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in brief, is that a total of

                   250.560 litres of illicit foreign liquor was recovered from a boat.

                                4. It is further submitted that that the petitioner is

                   innocent and has falsely been implicated in connection with the

                   present case. It is further submitted that the alleged recovery

                   was not made from the conscious possession of the petitioner,

                   but from a boat. It is further submitted that the witnesses to the

                   seizure list are police personnel, and the mandatory provisions

                   of Section 105 of the B.N.S.S. have not been complied with. It
            Patna High Court CR. MISC. No.20832 of 2026(2) dt.02-04-2026
                                                        2/2




                      is also submitted that the petitioner has criminal antecedent of

                      only one case and is in custody since 03.02.2026.

                                   5. Learned A.P.P. has vehemently opposed the prayer

                      for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Excise P.S. Patna Case No. 231 of 2026

                      on furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Special Judge, Excise -III, Patna.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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