Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to a bond and specified conditions.
Summary
Petitioner Rajesh Kumar was arrested on 5 February 2026 in connection with Special Excise Case No. 41 of 2026 for alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2022, after 3,474 litres of foreign liquor were seized from a vehicle. He contended that the liquor was not in his conscious possession and that the investigation failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, alleging his apprehension with the liquor and noting a similar pending case, but also acknowledged his bail in that matter. The High Court, after considering the lack of direct possession and procedural lapses, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The order directed that bail bonds be accepted without delay for verification purposes.
Issues considered
- What is the appropriate bail decision when the seized contraband is not found in the accused's conscious possession?
- Does non‑compliance with Sections 103 and 105 of the BNSS, 2023, justify granting bail?
- Can the existence of another pending case affect the bail application in the present case?
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- special excise case
- foreign liquor seizure
- possession
- procedural non‑compliance
- Bihar Prohibition & Excise Act
- BNSS 2023
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24262 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- BAUNSI District- Banka
======================================================
Rajesh Kumar Son of Shri Balbir Yadav Resident of village - Piparpati, P.S.-
Nawada Town, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate
For the State : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mr. Amrit Abhijat, learned counsel for the
petitioner and Mrs. Asha Kumari, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
05.02.2026, in connection with Special Excise Case No. 41 of
2026, arising out of Bounsi P.S. Case No. 32 of 2026, F.I.R.
dated 04.02.2026 registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition & Excise Act, 2022.
3. Recovery is of 3474.00 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely 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 recovery has been
made from the vehicle in question and altogether 3474.00 litres
Patna High Court CR. MISC. No.24262 of 2026(2) dt.15-04-2026
2/3
of foreign liquor was recovered from the vehicle in question.
He further submits that there is non-compliance of Sections 103
and 105 of BNSS, 2023 and the petitioner is in custody since
05.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner was apprehended along
with illicit liquor and apart from that the petitioner carries one
more case of similar nature other than the present one but fairly
submits on the basis of paragraph-3 of the bail petition that the
petitioner is on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court-I, Banka in connection with Special Excise Case
No. 41 of 2026 arising out of Bounsi P.S. Case No. 32 of 2026,
subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.24262 of 2026(2) dt.15-04-2026
3/3
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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
U T
Checking your session…