Patna High Court
Arnav Prasad @ Aarav 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
Arnav Prasad was arrested on 11 February 2026 after police recovered 190.380 litres of illicit foreign liquor from a train at Chapra railway station. He was charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioner argued that he was falsely implicated, that the seizure violated mandatory provisions of Sections 103 and 105 of the BNSS, 2023, and that he had been in custody for an extended period. The State opposed bail, citing the recovery of liquor from the petitioner’s possession and his antecedent criminal cases, though he was on bail in those matters. The High Court, after considering the facts, 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.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 in view of the seizure and alleged procedural lapses.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023 warrants denial of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30(a)
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24427 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran
======================================================
Arnav Prasad @ Aarav Kumar S/o Shiv Kumar Prasad R/O Village -
Belwaganj Abdullapur, P.S -Laheriya Sarai, Dist. - Darbhanga.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.02.2026 in connection with Chapra Rail P.S. Case No. 22 of
2026 for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Amendment Act, 2018.
3. The prosecution case, in brief, is that on
10.02.2026, the police got secret formation that a large
consignment of liquor was kept in Train No. 12562, Coach No.
Al, near Seat No. 03 On the said information, the informant
alongwith police personnel reached, at the Chapra Railway
platform. When the train arrived at Platform No. 02, the,
information formation was jointly verified, and near Seat No. 03
of Coach A1, 04. trolley bags and 02' pithu bags were found.
Patna High Court CR. MISC. No.24427 of 2026(2) dt.15-04-2026
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Upon opening and checking them, all the bags, were found
containing foreign liquor. The person sitting at Seat No. 03 was
detained and questioned. He admitted that the trolley bags and
liquor belonged to him and that he was carrying them to
Darbhanga. Upon inquiry, he disclosed his name as Arnav
Prasad (petitioner here). On searching, the police recovered total
190.380 litres of illicit foreign liquor and two mobiles from the
spot.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case and it
appears from the FIR and seizure list that altogether 190.380
litres of illicit foreign liquor was recovered from the train in
question and petitioner has been made an accused on the basis
of suspicion and apart from aforesaid, there is non-compliance
of mandatory provisions of Sections 103 and 105 of BNSS,
2023 and seizure list witnesses are police personnel and the
petitioner is in custody since 11.02.2026.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner and submits that recovery has been made
from the possession of the petitioner and petitioner has
antecedent of two more cases other than the present case but
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fairly submits that petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances,
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 3 rd
Exclusive Special Excise Court, Saran at Chapra in connection
with Chapra Rail P.S. Case No. 22 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
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
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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