Patna High Court
Nandelal Bhuiyan @ Nande Bhuiyan @ Nandlal RikyasanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a), 30(c), 41
- BNSS — s. 105
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
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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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