Patna High Court
Subham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs 10,000 and specified conditions.
Summary
Subham Kumar was arrested on 10 January 2026 in connection with an FIR dated 9 January 2026 under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 876 litres of foreign liquor. The majority of the liquor was recovered from the house and car of co‑accused Amit Thakur, who had already been granted bail. The petitioner argued that he has a clean antecedent, the FIR is fabricated, and his presence at the co‑accused’s premises should not make him liable. The State opposed bail. The court, noting the petitioner’s clean record and that the primary recovery was from the co‑accused, ordered his release on bail of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of foreign liquor from the co‑accused’s premises.
- Whether the petitioner’s presence at the co‑accused’s house makes him liable under Section 30(a) of the Bihar Prohibition and Excise Act.
Subjects
- bail
- excise law
- foreign liquor
- Section 30(a)
- criminal antecedent
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21115 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- Excise P.S. District- Darbhanga
======================================================
Subham Kumar S/o- Dabbu Jaiswal @ Saket Jaiswal Resident of Mohalla-
Gullowara, P.S.- Town, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand, Advocate
For the Opposite Party/s : Mr.Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr.Saurav Anand, learned counsel for the
petitioner and Mr.Nityanand, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
10.01.2026 in connection with Excise P.S. (Sadar) Case No. 20
of 2026, F.I.R. dated 09.01.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 876 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Further
submits that it appears from the FIR that altogether 795.240
liters of foreign liquor was recovered from possession of co-
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accused person, namely, Amit Thakur and 80.760 liter of foreign
liquor was recovered from the Car in question. Learned counsel
for the petitioner submits that it appears from the aforesaid, the
recovery has been made from the house and Car of co-accused
person and petitioner has been made accused in the present case
merely on the ground that the petitioner was present in the
house of co-accused person and said co-accused person, namely,
Amit Thakur has been granted bail by this Court vide order
dated 31.03.2026 passed in Cr. Misc. No.20624 of 2026 and
several other co-accused persons have also been granted bail by
this Court and the petitioner is in custody since 10.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent, and the person from whose possession recovery has
been made, has been granted bail by this Court, let the
petitioner, above named, be released on bail 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-I,
(Excise Act), Darbhanga in connection with Excise P.S. (Sadar)
Case No. 20 of 2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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