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Patna High Court

Biteshwar KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Biteshwar Kumar, a driver, applied for bail in a case where 123.84 litres of illicit foreign liquor were seized from a Ford car, alleged to be in his possession under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, that the seizure was not made in compliance with Section 105 of the BNSS, and that nothing was recovered from his personal possession. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the court found the arguments on lack of knowledge and procedural lapse in seizure sufficient to merit bail. Consequently, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite the alleged seizure of illicit liquor.
  • Whether the seizure complied with the procedural requirements of Section 105 of the BNSS.
  • Whether the petitioner’s alleged criminal antecedent precludes bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • seizure
  • driver
  • criminal antecedent
  • Section 30(a)
  • Section 105

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24859 of 2026
                       Arising Out of PS. Case No.-45 Year-2026 Thana- BARHARA District- Bhojpur
                 ======================================================
                 Biteshwar Kumar S/O Ganesh Sah @ Ganesh Saw R/O Village- Gonwan, P.S-
                 Naubatpur, Distt.- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Adv.
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Barhara P.S. Case No. 45 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3.The case of the prosecution, in short, is that from a

                   Ford car altogether, 123.84 liters of illicit foreign liquor were

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the petitioner is merely a driver of the

                   said car and he was having no knowledge regarding the alleged
           Patna High Court CR. MISC. No.24859 of 2026(2) dt.18-04-2026
                                                       2/2




                     liquor kept in the car. He also submits that nothing has been

                     recovered from the possession of the petitioner. The witnesses

                     of the seizure lists are police personnel and the police has not

                     complied with Section 105 of the BNSS while making the

                     seizure. Moreover, the petitioner is languishing in judicial

                     custody since 23.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of one case.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Exclusive Special Excise Court No. 1, Bhojpur at Ara in

                     connection with Barhara P.S. Case No. 45 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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