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Patna High Court

Rishu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to bond and conditions.

Summary

Rishu Kumar was arrested on 3 February 2026 in connection with Excise PS Case No. 334 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 involving the seizure of 90 litres of Nepali liquor from a motorcycle. The petitioner argued that he had no prior criminal record, was not the owner of the vehicle, and that the seized liquor was not in his conscious possession. He also contended that the investigating police failed to comply with Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail. The Court, noting the clean antecedent and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether the non‑compliance of Sections 103 and 105 of the BNSS warrants denial of bail.
  • Whether the lack of ownership of the vehicle and absence of conscious possession affect the bail decision.

Legislation cited

  • BNSS — s. 103, 105

Subjects

  • bail
  • excise
  • prohibition
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • BNSS
  • non‑ownership
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24155 of 2026
                   Arising Out of PS. Case No.-334 Year-2026 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 Rishu Kumar S/o- Gajendra Sahni Resident of Village- Parsauni, Kapoor, P.S-
                 Patahi, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Dhurendra Kumar, Advocate
                 For the Opposite Party/s :         Ms. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-04-2026                        Heard Mr. Dhurendra Kumar, learned counsel for

                   the petitioner and Ms. Rina Sinha, learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   03.02.2026 in connection with Excise P.S. Case No. 334 of

                   2026, F.I.R. dated 03.02.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                                3. Recovery is of 90 liters of Nepali liquor.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R. as well as seizure list that nothing has been

                   recovered from the conscious possession of the petitioner rather

                   the recovery has been made from motorcycle in question and the
Patna High Court CR. MISC. No.24155 of 2026(2) dt.15-04-2026
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          petitioner is not the owner of the vehicle in question. He further

          submits that there is non-compliance of Section 103 and 105 of

          BNSS. He further submits that the police after investigation

          submitted the charge sheet against the petitioner. The petitioner

          is in custody since 03.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and there is non-compliance of

          Section 103 and 105 of BNSS, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Exclusive Special Excise Court

          No.02, East Champaran, Motihari in connection with Excise

          P.S. Case No. 334 of 2026,, subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on his absence on two consecutive dates without sufficient

           reason, his bail bond shall be cancelled by the Court below.

                        ii. If the petitioner tampers with the evidence or the

           witnesses, in that case, the prosecution will be at liberty to
            Patna High Court CR. MISC. No.24155 of 2026(2) dt.15-04-2026
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                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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