Patna High Court
GovindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioners subject to a bond of Rs. 10,000 each and specified conditions.
Summary
The petitioners, Govind and Suraj, were arrested on 9 February 2026 in connection with an excise case involving the alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, after 270 litres of Indian Made Foreign liquor were seized from a vehicle that they did not own. They contended that they had no conscious possession of the liquor, possessed clean antecedents, and that the investigating authorities had failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, but the court noted the lack of direct possession, the petitioners' clean record, and the procedural lapses. Consequently, the court granted bail to each petitioner on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of criminal antecedents but prohibited delay in accepting the bond.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of seizure and lack of conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants the grant of bail.
- Whether the petitioners' clean antecedent and the fact that the seized vehicle was not owned by them affect the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise offence
- Section 30(a)
- Bihar Prohibition and Excise Act
- BNSS 2023
- conscious possession
- criminal antecedent
- court procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24450 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- Excise P.S. District- Bhojpur
======================================================
1. Govind Son of Maher Chand @ Mahendra Chand Resident of village-Garhi
Hakikat, P.S-Mohana, District- Sonipat (Haryana).
2. Suraj Son of Hitler Resident of village-Ratangarh, P.S-Mohana, District-
Sonipat(Haryana).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mr. Jitendra Kumar Bharti, learned counsel for
the petitioners and Mrs. Rina Sinha, learned APP for the State.
2. Petitioners seek bail, who are in custody since
09.02.2026 in connection with Excise Ara P.S. Case No. 30 of
2026, F.I.R. dated 08.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 270 litres of Indian made Foreign
liquor from the vehicle in question.
4. Learned counsel for the petitioners submit that
petitioners have clean antecedent and they have falsely been
implicated in the present case. It appears from the FIR as well as
the seizure list that nothing has been recovered from conscious
Patna High Court CR. MISC. No.24450 of 2026(2) dt.15-04-2026
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possession of the petitioners rather the recovery 270 litres of
Indian Made Foreign liquor has been made from the vehicle in
question. The petitioners are not the owner of the seized vehicle.
Apart from aforesaid, there is non-compliance of Section
103/105 of the BNSS, 2023. Petitioners are in custody since
09.02.2026.
5. Learned APP for the State on the other hand
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioners, nothing has been
recovered from the conscious possession of these petitioners and
there is non-compliance of Section 103/105 of the BNSS, 2023,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge, Excise, Excise Court No.-II,
Bhojpur, Ara, in connection with Excise Ara P.S. Case No. 30 of
2026, with the following conditions:
i. Petitioners 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 her absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.24450 of 2026(2) dt.15-04-2026
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reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Ranjeet/-
U T
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