Patna High Court
Samir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Samir Kumar, was arrested on 14 February 2026 in connection with a case involving the alleged possession of 25 litres of illicit country-made wine, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed a clean antecedent and argued that the seized liquor was recovered from the place of occurrence, not from his conscious possession, and that he was falsely implicated. The prosecution opposed bail, citing the seriousness of the offence and alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023. The High Court considered the facts, the petitioner’s claim of innocence, and the lack of direct possession, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent but stipulated that bail should not be delayed for that purpose.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Sections 103/105 of the BNSS, 2023, warrants denial of bail.
- Whether the seizure of liquor from the place of occurrence, rather than from the accused’s conscious possession, affects bail eligibility.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30(a)
- BNSS 2023
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22726 of 2026
Arising Out of PS. Case No.-68 Year-2026 Thana- AWTARNAGAR District- Saran
======================================================
Samir Kumar Son of Late Suresh Rai @ Suresh Yadav Resident of Village-
Kothiya Pran Rai Ke Tola, P.S.- Awatarnagar, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Dewendra Narayan Singh, learned counsel
for the petitioner and Mr. Sanjay Kumar Sharma, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.02.2026 in connection with Awatarnagar P.S. Case No. 68 of
2026, F.I.R. dated 13.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 25 liters of illicit country made wine.
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
the recovery has been made from the place of occurrence. He
Patna High Court CR. MISC. No.22726 of 2026(2) dt.07-04-2026
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further submits that as per the allegation the petitioner has fled
away from the place of occurrence. 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 14.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 Judge, Excise-1, Saran at Chapra in connection with
Awatarnagar P.S. Case No. 68 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
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
Patna High Court CR. MISC. No.22726 of 2026(2) dt.07-04-2026
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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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