Patna High Court
Biteshwar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 105
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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