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Patna High Court

Nandelal Bhuiyan @ Nande Bhuiyan @ Nandlal RikyasanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner on condition of a Rs 10,000 bond and two sureties.

Summary

The petitioner sought bail in a case registered under Sections 30(a), 30(c) and 41 of the Bihar Prohibition and Excise Act, where 11 litres of country‑made liquor were recovered and 1,600 litres destroyed by police in Pandeydih jungle. The petitioner contended that no liquor was recovered from his possession, that the seizure was effected by police witnesses without compliance with Section 105 of the BNSS, and that he had been in judicial custody since 12‑02‑2026. The State opposed bail, highlighting four prior criminal cases against the petitioner. After hearing both sides, the Court considered the lack of direct recovery from the petitioner, procedural lapses in the seizure, and the petitioner’s custody status. The Court granted bail on a bond of Rs 10,000 with two sureties, subject to satisfaction of the Exclusive Special Excise Judge, Nawada.

Issues considered

  • Whether bail should be granted to the petitioner despite the alleged seizure of illicit liquor.
  • Whether the seizure complied with Section 105 of the BNSS.
  • Whether the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • seizure
  • Section 105
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21085 of 2026
                       Arising Out of PS. Case No.-291 Year-2023 Thana- SIRDALA District- Nawada
                 ======================================================
                 Nandelal Bhuiyan @ Nande Bhuiyan @ Nandlal Rikyasan S/o- Birju Bhuiya
                 village-Pandeydih Ps- Sirdalla Dist- Nawada
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, 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 Sirdala P.S. Case No.291 of 2023 registered for the offence

                   punishable under Sections 30(a), 30(c) & 41 of the Bihar

                   Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that

                   altogether 11 liter of country made liquor was recovered

                   whereas 1600 liters of same manufactured country made liquor

                   was destroyed by the police. The said recovery was made from

                   Pandeydih jungle.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of this petitioner. Learned counsel for the

                   petitioner has further submitted that the witnesses of the seizure
            Patna High Court CR. MISC. No.21085 of 2026(2) dt.02-04-2026
                                                        2/2




                      list are police personnel and police have not complied Section

                      105 of the BNSS while making seizure. The name of this

                      petitioner has been disclosed by the local chowkidar. Learned

                      counsel for the petitioner has further submitted that the

                      petitioner is in judicial custody since 12.02.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State. Learned APP has further stated 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. 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 court of learned

                      Exclusive Special Excise Judge- 1st Nawada in connection with

                      Sirdala P.S. Case No.291 of 2023.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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