Patna High Court
Nandu kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Nandu Kumar, was arrested on 3 February 2026 in connection with the seizure of 248.100 litres of illicit foreign liquor from a vehicle he was driving. He is charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. The petitioner claimed he had no conscious possession of the liquor, possessed a clean antecedent, and that the seizure violated Sections 103 and 105 of the BNSS, 2023. The Additional Public Prosecutor opposed bail, but the court noted the lack of direct possession, the petitioner’s clean record, and procedural lapses. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, and no tampering with evidence or concealment of antecedents.
Issues considered
- Whether bail should be granted when the accused has no conscious possession of the seized liquor.
- Whether non‑compliance with Sections 103/105 of the BNSS, 2023 warrants denial of bail.
- Whether the charges under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016, justify continued detention.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- illicit liquor
- conscious possession
- criminal antecedent
- Bihar Prohibition and Excise Act
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22405 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Nandu kumar Son of Late Lal Bahadur Singh Resident of village- Kaswa, Ps-
Salimpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Ranjit Kumar Thakur, learned counsel for
the petitioner and Mr. Kanhiya Kishor, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.02.2026 in connection with Sadar Excise P.S. Case No. 25 of
2026, F.I.R. dated 02.02.2026 for the offences punishable under
Sections 30(a) and 32(3)of the Bihar Prohibition and Excise Act,
2016.
3. Recovery is of 248.100 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent 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
Patna High Court CR. MISC. No.22405 of 2026(2) dt.07-04-2026
2/3
the recovery has been made from the vehicle in question and
petitioner is the driver of the said vehicle. He further submits
that the petitioner has no concern at all from the recovery of the
illicit liquor. It appears from the seizure list that there is non-
compliance of Section 103/105 of the BNSS, 2023. The
petitioner is in custody since 03.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioner, petitioner has clean antecedent and there is
non-compliance of Section 103/105 of the BNSS, 2023, 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 Exclusive
Special Excise Court No. 3, Saran at Chapra in connection with
Sadar Excise P.S. Case No. 25 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
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.22405 of 2026(2) dt.07-04-2026
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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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