Patna High Court
Bhardool Kumar @ Bhardul SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with a bond and conditions.
Summary
Bhardool Kumar applied for bail in a case (Badem P.S. Case No. 08 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act, where 8.4 litres of illicit country‑made liquor were seized from a Bolero vehicle. The petitioner claimed he was merely the co‑driver and that the liquor was not in his possession, also alleging that the police failed to comply with Section 105 of the BNSS during the seizure. He had been in judicial custody since 27‑01‑2026. The State opposed bail, citing four prior criminal cases against the petitioner. After hearing both sides, the Court granted bail on a bond of Rs. 10,000 with two sureties, imposing the condition that the petitioner not engage in similar offences in the future.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite alleged procedural lapses in seizure.
- Whether the alleged non‑compliance with Section 105 of the BNSS affects the validity of the seizure and the bail application.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- seizure procedure
- Section 105 BNSS
- criminal antecedent
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21047 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- Badem P.S. District- Aurangabad
======================================================
Bhardool Kumar @ Bhardul Singh Son of Nagdeo Singh @ Nageshwar Singh
Resident of Village - Madhe, P.S.- Badem, District - Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mrs. Meena Singh, 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 bail in connection
with Badem P.S. Case No. 08 of 2026 registered for the offence
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that from a
bolero vehicle, altogether 8.4 liters of illicit tanaka country
made liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the petitioner is the co-driver of the
said bolero vehicle. He further submits that nothing has been
Patna High Court CR. MISC. No.21047 of 2026(2) dt.02-04-2026
2/2
recovered from the possession of the petitioner. The witnesses
of the seizure list are police personnel and the police has not
complied with Section 105 of the BNSS while making the
seizure. Moreover, the petitioner is languishing in judicial
custody since 27.01.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of four cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall not indulge himself in similar nature
of offences in future. The above named petitioner is directed to
be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.
ten thousand only) with two sureties of the like amount each to
the satisfaction of the learned District & Additional Sessions
Judge-cum-Exclusive Special Judge, Excise Court No. 1,
Aurangabad (Bihar) in connection with Badem P.S. Case No. 08
of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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