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Patna High Court

Arnav Prasad @ Aarav KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.24427 of 2026(2) dt.15-04-2026
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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
           Patna High Court CR. MISC. No.24427 of 2026(2) dt.15-04-2026
                                                       4/4




                     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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