Patna High Court
Umesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Umesh Kumar, sought bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 111 litres of illicit Nepali kasturi liquor recovered from a bike he was driving. He contended that he was innocent, that the seizure was not made in compliance with Section 105 of the Bihar Narcotic and Smuggling Act, and that the bike was not his. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the court found merit in the petitioner's arguments and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge, Excise‑II, Bettiah. The bail was granted despite the alleged procedural lapses and the petitioner’s criminal antecedents.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 105 of the Bihar Narcotic and Smuggling Act during seizure warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 105
Subjects
- bail
- prohibition
- excise
- seizure
- Section 30(a)
- Section 105
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22942 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- SAHODARA District- West Champaran
======================================================
Umesh Kumar S/o Ramsharan Mahto R/o Village- Belsandi, P.S- Gaunaha,
Dist- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, 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 bail in connection
with Sahodara P.S. Case No. 34 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from a
bike that was being driven by the petitioner, altogether 111 liters
of illicit Nepali kasturi country-made liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.22942 of 2026(2) dt.07-04-2026
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police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He also submits that
the petitioner is not the owner of the said bike. He further
submits that the petitioner is languishing in judicial custody
since 20.02.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge, Excise-II, Bettiah, West Champaran in
connection with Sahodara P.S. Case No. 34 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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