Patna High Court
Sahil Kumar RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to a Rs.10,000 bond and the stipulated conditions.
Summary
The petitioner, Sahil Kumar Raj, was arrested on 3 December 2025 in connection with an excise case (Case No. 916 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2016, involving the seizure of 110.880 litres of foreign liquor from a vehicle that he does not own. The petitioner argued that the liquor was not recovered from his conscious possession and that procedural lapses under Sections 103 and 105 of the BNSS, 2023 existed. The State opposed bail, noting the petitioner’s involvement in two other cases, though he was already on bail in those matters. The High Court considered the facts, the lack of direct possession, and the petitioner’s cooperation prospects, and ordered that bail be granted on a bond of Rs.10,000 with two sureties and several conditions regarding trial attendance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted when the seized foreign liquor was not in the petitioner's conscious possession and he is not the vehicle owner.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants denial of bail.
- Whether the petitioner’s involvement in two other cases, albeit on bail, affects the grant of bail in the present case.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- foreign liquor
- seizure
- ownership
- Section 30(a)
- Bihar Prohibition and Excise Act
- BNSS 2023
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22529 of 2026
Arising Out of PS. Case No.-916 Year-2025 Thana- Excise P.S. District- West Champaran
======================================================
Sahil Kumar Raj S/o- Narendra Kumar Yadav R/v- Sobaiya W.No-20, Ps-
Kotwa Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Harsha Shashwat, Advocate
: Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Ms.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mrs. Harsha Shashwat, 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
03.12.2025 in connection with Bettiah Excise P.S. Case No.
916 of 2025, F.I.R. dated 03.12.2025 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act, 2016.
3. Recovery is of 110.880 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner rather the recovery has been made from the
Patna High Court CR. MISC. No.22529 of 2026(2) dt.07-04-2026
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vehicle in question and altogether 110.880 liters of foreign
liquor was recovered from the vehicle in question and petitioner
is not the owner of the vehicle in question. It appears from the
FIR as well as the seizure list itself that there is non-compliance
of Sections 103 and 105 of BNSS, 2023 and the police, after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 03.12.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
two more cases other than the present one but fairly submits that
the petitioner is on bail in both the cases, as mentioned in para-3
of the bail petition.
6. Considering the aforesaid facts, 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 Special Judge (Excise) 1 st,
Bettiah, West Champaran in connection with Bettiah Excise P.S.
Case No. 916 of 2025, 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
Patna High Court CR. MISC. No.22529 of 2026(2) dt.07-04-2026
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reason, his/her 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)
Nitesh/-
U T
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