Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, Ajay Kumar and Haribol Kumar, were arrested in connection with the seizure of 107.3 litres of wiscuf cough syrup from a vehicle and charged under sections 30(a) and 41 of the Bihar Prohibition and Excise Act. They contended that they were merely passengers, had no possession of the seized goods, and that the police failed to comply with Section 105 of the BNSS while preparing the seizure list. The petitioners also highlighted their clean criminal record and that they had been in judicial custody since 3 February 2026. The State opposed the grant of regular bail. After hearing both sides, the Patna High Court found merit in the petitioners' arguments and ordered that they be released on regular bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Excise Judge‑I, Saharsa.
Issues considered
- Whether regular bail should be granted to persons charged under sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
- Whether the alleged procedural lapse (non‑compliance with Section 105 of the BNSS) in the seizure process warrants bail.
- Whether the petitioners' lack of possession of the seized article and clean antecedents justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- seizure
- procedural lapse
- criminal antecedent
- regular bail
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24761 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- Banma Itahari District- Saharsa
======================================================
1. Ajay Kumar Son of Sri Kishori Yadav @ Kishore Yadav Resident of
Village- Hindupur/Hindhupur, Ward No.7, P.S.- Simri Bakhtiyarpur,
District- Saharsa
2. Haribol Kumar @ Haribol Yadav Son of Sri Kailash Yadav Resident of
Village- Dhav Ward No.9, P.S.- Simri Bakhtiyarpur, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 30(a)
and 41 of Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a vehicle,
altogether 107.3 liters of wiscuf cough syrup was recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that
petitioners are merely sitting on that vehicle. Nothing has been
recovered from their possession. The witnesses of the seizure
Patna High Court CR. MISC. No.24761 of 2026(2) dt.16-04-2026
2/2
list are police personnel and police has not followed Section 105
of BNSS while preparing the seizure list. A statement has been
made in para-3 of this petition that the petitioners have got no
criminal antecedent. Moreover, they are languishing in judicial
custody since 03.02.2026.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Banma Ithari P.S. Case No. 20 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Judge-I, Saharsa.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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