Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner on a bond of Rs.10,000 with two sureties, subject to specified conditions.
Summary
Petitioner Rajesh Kumar was arrested on 3 January 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 after 210 litres of Napali liquor were seized from his motorcycle. He filed a bail petition, arguing that the FIR and seizure list showed non‑compliance with Section 103 of the Bihar Narcotic and Smuggling (BNSS) Act, 2023. The State opposed bail, noting a similar pending case against the petitioner. The Court observed the alleged non‑compliance but nonetheless granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order also empowered the prosecution to seek cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the petitioner despite alleged non‑compliance with Section 103 of BNSS, 2023.
- Whether the existence of a similar pending case affects the grant of bail.
Subjects
- bail
- prohibition law
- excise
- seizure
- Section 103
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21255 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Rajesh Kumar S/o- Amiri Sah Resident of village - Nanaura, PS- Ghorasahan
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Ms.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr.Ajay Kumar Singh, learned counsel for
the petitioner and Ms.Suman Kumari Singh, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
03.01.2026 in connection with Kundwa Chainpur P.S. Case No.
02 of 2026, F.I.R. dated 03.01.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act, 2018.
3. Recovery is of 210 liters of Napali liquor.
4. Learned counsel appearing for the petitioner
submits that from a bare perusal of the FIR it appears that
altogether 210 liters of Napali liquor was recovered from the
motorcycle in question and petitioner was apprehended at the
Patna High Court CR. MISC. No.21255 of 2026(2) dt.31-03-2026
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place of occurrence. Learned counsel for the petitioner submits
that it appears from the seizure list that there is non-compliance
of Section 103 of BNSS, 2023 and the petitioner is in custody
since 03.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case of similar nature other than the present one, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, there is non-
compliance of Section 103 of BNSS, 2023 and the recovery has
been made from the motorcycle in question, 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 Exclusive Special Excise
Court No.-01, East Champaran at Motihari in connection with
Kundwa Chainpur P.S. Case No. 02 of 2026, with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
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.
Patna High Court CR. MISC. No.21255 of 2026(2) dt.31-03-2026
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(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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