Patna High Court
Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 41(1)
- B.N.S.S. — s. 105
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
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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
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