Patna High Court
Uday KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, in view of the petitioner’s clean record and the procedural irregularities, he is entitled to regular bail despite the charges under Section 30(a) of the Bihar Prohibition and Excise Act.
Summary
Uday Kumar was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 54 litres of country‑made liquor. The petitioner contended that he was innocent, that nothing was recovered from his possession, and that the police had failed to comply with Section 105 of the BNSS while preparing the seizure list. He also highlighted his clean criminal record and that he had been in judicial custody since 29‑01‑2026. The State opposed the grant of regular bail. After hearing both sides, the Court considered the lack of antecedents and the procedural deficiencies and decided to enlarge the petitioner on bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount to the satisfaction of the Special Excise Judge, Danapur.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether procedural lapses in the seizure process (non‑compliance with Section 105 of BNSS) affect the bail application.
Legislation cited
- BNSS — s. 105
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- seizure procedure
- Section 105 BNSS
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22958 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- DANAPUR District- Patna
======================================================
Uday Kumar Son of Late Suresh Manjhi R/o Saguna More, Mushahari, P.S. -
Danapur, Dist .- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 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 section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from the
possession of this petitioner, altogether 54 liters of country made
liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. The witnesses
of the seizure list are police personnel and police has not
complied Section 105 of BNSS while preparing the seizure list.
Patna High Court CR. MISC. No.22958 of 2026(2) dt.08-04-2026
2/2
A statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 29.01.2026.
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
Danapur P.S. Case No. 98 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 Special Excise Judge,
Danapur.
(Ashok Kumar Pandey, J)
shubham/-
U T
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