Patna High Court

Toofan Kumar @ Tufan KumarversusThe State of Bihar

Decided: 8 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioners subject to bond, sureties and a condition of non‑repetition.

Summary

The petitioners, Toofan Kumar and Arvind Kumar, applied for regular bail in a case under section 30(a) of the Bihar Prohibition and Excise Act, where 65 litres of country‑made liquor was seized from a bike. They contended that no liquor was recovered from their possession, that the seizure list was not prepared in compliance with Section 105 of the BNSS, and that they were falsely implicated. The State opposed bail, citing each petitioner’s prior criminal antecedent of a similar nature. After hearing both sides, the Court found merit in the petitioners’ arguments and ordered their release on bail, subject to a bond of Rs.10,000 each with two sureties and a condition that they not commit similar offences. The bail order was directed to be complied with by the Exclusive Special Excise Court No. 2, Motihari.

Issues considered

Whether the petitioners are entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act.
Whether the seizure procedure complied with Section 105 of the BNSS.
Whether the petitioners' criminal antecedent justifies denial of bail.

Legislation cited

BNSS — s. 105

Subjects

regular bail
Bihar Prohibition and Excise Act
section 30(a)
seizure procedure
Section 105 BNSS
criminal antecedent
excise case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23001 of 2026
                   Arising Out of PS. Case No.-390 Year-2026 Thana- Excise P.S. District- East Champaran
                 ======================================================
           1.     Toofan Kumar @ Tufan Kumar S/O Dipak Kumar Sahani @ Deepak Kumar
                  Sahani R/O Village- Telahiya Ward No. 13, P.S.- Sugauli, Distt.- East
                  Champaran.
           2.    Arvind Kumar @ Arbind Kumar S/O Krishna Sahani @ Krishna Sahni R/O
                 Village- Telahiya Ward No. 13, P.S.- Sugauli, Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :         Mrs. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   08-04-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners have 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 a bike,

                   altogether 65 liters of country made liquor was recovered.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence.

                   Learned counsel for the petitioners has submitted that nothing

                   has been recovered from the possession of the petitioners. They

                   have been falsely implicated in this case. They have no concern
            Patna High Court CR. MISC. No.23001 of 2026(2) dt.08-04-2026
                                                        2/2




                      with the alleged recovery. The witnesses of the seizure list are

                      police personnel and police has not complied Section 105 of

                      BNSS while preparing seizure list. Moreover, they are

                      languishing in judicial custody since 08.02.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail and has

                      submitted that petitioners are having criminal antecedent of one

                      case each of similar nature.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Excise P.S. Case No. 390 of 2026 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Exclusive Special

                      Excise Court No. 2 Motihari, East Champaran with a condition

                      that they will not indulge themselves in similar nature of

                      offence in future.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T

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