Patna High Court
Rajiv KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S.S. — s. 105
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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