Patna High Court
Bhupendar Kumar @ Bhupendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted subject to a bond and specified conditions.
Summary
The petitioner, Bhupendar Kumar, was arrested on 3 March 2026 in connection with the seizure of 144 litres of foreign liquor from a kitchen identified as his joint house property, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he had no knowledge or possession of the liquor and that procedural requirements under Sections 103 and 105 of the BNSS, 2023 were not complied with. The prosecution opposed bail, citing a prior criminal antecedent, though the petitioner was already on bail in another matter. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedent. The order directed that bail should not be delayed for verification purposes and that any breach of conditions could lead to cancellation.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
- Whether non‑compliance of Sections 103/105 of the BNSS, 2023 is a ground to refuse bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- foreign liquor
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedent
- BNSS 2023
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22272 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- Excise P.S. District- Madhepura
======================================================
Bhupendar Kumar @ Bhupendra Kumar S/o- Brahmdeo Yadav @ Brahmdeo
Prasad Yadav Village-Tunyahi ward No- 04 PS- District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Yadav, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Surya Narayan Yadav, learned counsel for
the petitioner and Mr. Nand Kishore Prasad, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.03.2026 in connection with Madhepura Excise P.S. Case No.
48 of 2026, F.I.R. dated 02.03.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act,
2018.
3. Recovery is of 144 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery of 144
Patna High Court CR. MISC. No.22272 of 2026(2) dt.06-04-2026
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liters of illicit foreign liquor has been made from the kitchen of
the petitioner. He further submits that the petitioner has no
concern at all with the alleged recovery of the illicit liquor or the
house/kitchen in question and the same is the joint house
property of the petitioner. He further submits that there is non-
compliance of Section 103/105 of the BNSS, 2023. The
petitioner is in custody since 03.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries one criminal antecedent other
than the present one but fairly submits that he is on bail in the
pending matter.
6. Considering the aforesaid facts and circumstances,
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 the learned District &
Additional Sessions Judge (Excise-II), Madhepura in connection
with Madhepura Excise P.S. Case No. 48 of 2026, subject to 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
Patna High Court CR. MISC. No.22272 of 2026(2) dt.06-04-2026
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on his absence on two consecutive dates without sufficient
reason, his 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)
Vanisha/-
U T
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