Patna High Court
Vishal Kumar @ Bishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners, subject to bond and conditions, finding no conscious possession and procedural non‑compliance.
Summary
Vishal Kumar and Golu Kumar were arrested on 17 February 2026 after a large quantity of illicit whisky was seized from a vehicle in Jamui. They contended that the liquor was not in their conscious possession, they were not owners of the vehicle, and that the seizure was conducted by police witnesses in violation of Sections 103 and 105 of the Bihar Non‑Suo‑Sanguinis (BNSS) Act, 2023. The State opposed their bail application, citing offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. The Court noted the absence of any material recovered from the petitioners themselves and the procedural lapses, and consequently ordered bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, and no tampering with evidence. The bail order also directed verification of the petitioners' antecedents but prohibited delay in granting bail pending that verification.
Issues considered
- Whether bail should be granted when the accused are not in conscious possession of the seized liquor
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants bail
- Applicability of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018 to the present facts
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition and excise
- conscious possession
- procedural compliance
- BNSS 2023
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24472 of 2026
Arising Out of PS. Case No.-293 Year-2026 Thana- Excise P.S. District- Jamui
======================================================
1. Vishal Kumar @ Bishal Kumar S/o- Late Sikandra Rai Village- Sabalpur
Pachhiyari Tola Ps-Sonpur Dist- Saran (Chhapra)
2. Golu Kumar S/o- Kamaldeo Singh R/v- Sabalpur Babhantoli PS- Sonpur
Dist- Saran (Chhapra)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Anunay Shahi, learned counsel for the
petitioners and Mr. Md. Fahimuddin, learned APP for the State.
2. Petitioners seek bail, who are in custody since
17.02.2026, in connection with Prohibition & Excise Jamui P.S.
Case No. JAM 293 of 2026, F.I.R. dated 16.02.2026 registered for
the offences punishable under Sections 30(a) and 32(3) of the
Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 704.480 litres of Officer Choice
Original Whisky liquor in tetra pack 180 ml of 82 cartoons.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have 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
Patna High Court CR. MISC. No.24472 of 2026(2) dt.16-04-2026
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recovered from the conscious possession of the petitioners rather
recovery has been made from vehicle in question and altogether
704.480 litres of Officer Choice Original Whisky liquor in tetra
pack 180 ml of 82 cartoons were recovered from the vehicle in
question. He further submits that the petitioners are not owner of
the vehicle in question and they have no concern at all with the
alleged recovery of illicit liquor. He further submits that it appears
from the seizure list that the seizure list witnesses are police
personnel so there is non-compliance of Sections 103 and 105 of
BNSS, 2023 and the petitioner is in custody since 17.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioners and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioners, above
named, be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like amount
each to the satisfaction of learned Exclusive Excise Court No. II,
Jamui in connection with Prohibition & Excise Jamui P.S. Case
No. JAM 293 of 2026, subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
their absence on two consecutive dates without sufficient reason,
their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper 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 petitioners and in case at any
stage, it is found that the petitioners have concealed their criminal
antecedents, 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)
Ibrar//-
U T
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