Created by Fuzzy Cloud

Patna High Court

Umesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                       2/2




                     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


Continue reading with your account

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

Sign in to read

Checking your session…

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