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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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