Patna High Court

Ratnesh KumarversusThe State of Bihar

Decided: 6 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that the petitioner is entitled to regular bail despite the charge under section 30(a) of the Bihar Prohibition and Excise Act.

Summary

The petitioner, Ratnesh Kumar, was arrested in connection with the seizure of 800 litres of illicit liquor from a pickup van and charged under section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated merely because he owned the vehicle, that the liquor was not found in his possession, and that the seizure violated Section 105 of the B.N.S.S. because the police did not follow proper procedure. The State opposed his bail application, arguing the seriousness of the offence. The court examined the lack of direct possession, the petitioner’s clean criminal record, and the procedural irregularities alleged. Considering these factors, the court decided to grant regular bail to the petitioner. He was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount to the satisfaction of the Special Excise Court.

Issues considered

Whether the petitioner is entitled to regular bail for an offence under section 30(a) of the Bihar Prohibition and Excise Act.
Whether the seizure of the illicit liquor complied with the procedural requirements of Section 105 of the B.N.S.S.
Whether ownership of the vehicle alone suffices to sustain the charge against the petitioner.

Legislation cited

B.N.S.S. — s. 105

Subjects

bail
Bihar Prohibition and Excise Act
illicit liquor
section 30(a)
procedural compliance
Section 105
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21367 of 2026
                   Arising Out of PS. Case No.-784 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Ratnesh Kumar Son of Late Shambhu Rai Resident of village -
                 Mohamammadur Bujurg, P. S - Sarai, District - Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar, Advocate
                 For the Opposite Party/s :       Mr.Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 30 (a) of

                   the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in brief, is that a total

                   of 800 litres of country-made illicit liquor was recovered from a

                   pickup van.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the

                   petitioner has been falsely implicated in the present case merely

                   on the ground that he is the owner of the said pickup van. It is

                   contended that nothing has been recovered from his conscious
            Patna High Court CR. MISC. No.21367 of 2026(2) dt.06-04-2026
                                                        2/2




                      possession. It is further submitted that the witnesses to the

                      seizure list are all police personnel and that the provisions of

                      Section 105 of the B.N.S.S. have not been complied with. It is

                      further submitted that the petitioner had given the pickup van to

                      one Rohit, who was apprehended at the spot. The petitioner has

                      no criminal antecedents and is in custody since 14.02.2026.

                                   5. Learned A.P.P. has vehemently opposed the prayer

                      for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Hajipur Sadar P.S. Case No. 784 of 2025

                      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. 1 cum District and

                      Additional Sessions Judge, Vaishali at Hajipur.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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