Created by Fuzzy Cloud

Patna High Court

Subodh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, finding insufficient grounds to deny bail given his alleged status as a passenger, lack of possession, procedural lapse in seizure, and clean antecedent.

Summary

The petitioner, Subodh Kumar, was arrested in connection with the seizure of 251.4 litres of Nepali liquor from a Bolero vehicle, alleged to violate Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act. He contended that he was merely a passenger, had no ownership or possession of the vehicle or liquor, and that the police seizure did not comply with Section 105 of the B.N.S.S. He also highlighted his clean record and that he had been in judicial custody since 24 January 2026. The State opposed regular bail. After hearing both sides, the court found the petitioner’s claim of non‑involvement credible, noted the procedural lapse in seizure, and considered his lack of antecedents, and therefore ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Bihar Prohibition and Excise (Amendment) Act despite the alleged seizure of illicit liquor.
  • Whether the police complied with Section 105 of the B.N.S.S. in making the seizure, affecting bail considerations.

Legislation cited

Subjects

  • regular bail
  • prohibition law
  • excise
  • seizure procedure
  • police compliance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22927 of 2026
                    Arising Out of PS. Case No.-20 Year-2026 Thana- PATAHI District- East Champaran
                 ======================================================
                 Subodh Kumar, Son of Sanjay Yadav @ Sanjay Ray, Resident of Village -
                 Gonahi, P.S.- Patahi, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-04-2026                   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) and

                   41(1) of the Bihar Prohibition and Excise (Amendment) Act.

                                3. The case of the prosecution, in short is that from a

                   Bolero vehicle, altogether 251.400 liters of Nepali county made

                   liquor was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He has

                   been falsely implicated in this case. Nothing has been recovered

                   from his possession. He is not the owner of the said vehicle. He

                   was only passenger in that vehicle. He has no concern with the

                   alleged recovery. It has further been submitted that the witnesses
             Patna High Court CR. MISC. No.22927 of 2026(2) dt.07-04-2026
                                                         2/2




                       of the seizure list are police personnel. Police has not complied

                       Section 105 of the B.N.S.S. while making the seizure. Petitioner

                       is having no criminal antecedent and he is languishing in

                       judicial custody since 24.01.2026.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail.

                                    6. Having heard learned counsel for the parties and

                       considering the 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

                       Patahi P.S. Case No. 20 of 2026 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. 02, East Champaran at Motihari.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.