Patna High Court
Nirdosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Nirdosh Kumar, was charged under Section 30(a) of the Excise Act for allegedly recovering 84 litres of liquor from a scooty. He argued that he was not arrested at the scene, had no conscious possession of the liquor, and was not the owner of the vehicle, claiming he was implicated by an unnamed local informant. The petitioner also highlighted his prior criminal history, including five other Excise cases, and asserted he would not abscond and would cooperate with the trial. The State opposed bail, but the court considered the lack of direct possession, the circumstances of the arrest, and the petitioner's willingness to cooperate. Consequently, the court ordered his release on regular bail upon furnishing a bail bond of Rs.5,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Excise Act given the facts of the case.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- liquor seizure
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21148 of 2026
Arising Out of PS. Case No.-471 Year-2025 Thana- KHAJEKALA District- Patna
======================================================
Nirdosh Kumar S/O Sachidanand Rai @ Sachchidanand Ray R/O Mohalla-
Mitan Ghat Chauraha, P.S.- Khajekala, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar
For the Opposite Party/s : Ms.Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of six cases out of which five cases
are under the Excise Act and allegation is of recovery of 84
litres of liquor from a scooty.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized scooty and he came to be implicated at the instance of
local person, but the name of the person, who disclosed the
name of the petitioner is not disclosed in the F.I.R., which casts
Patna High Court CR. MISC. No.21148 of 2026(2) dt.18-04-2026
2/2
an aspersion on the case of the prosecution. It is next submitted
that police in majority of cases implicating innocent persons
either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation. It is also submitted that
petitioner will not abscond rather will cooperate in the trial to
prove his innocence and petitioner is in custody since
27.01.2026.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Khajekalan P. S. Case No.471 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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