Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that the petitioner is entitled to bail due to lack of conscious possession and non‑compliance with statutory seizure procedures.
Summary
Sunil Kumar was arrested on 2 March 2026 in connection with a case involving the alleged illegal possession of 738 litres of Nepalese liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was recovered from a Scorpio and a motorcycle that he did not own and that none of it was found in his conscious possession. He further argued that the seizure was conducted by police personnel without complying with Sections 103 and 105 of the BNSS, 2023, rendering the seizure procedurally defective. The State opposed the bail application, but the Court noted the lack of direct possession and the procedural lapses in the seizure. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and verification of antecedents. The bail order was issued without delay for verification of the petitioner’s criminal record.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged seizure of liquor under the Bihar Prohibition and Excise Act.
- Whether the seizure complied with the procedural requirements of Sections 103 and 105 of the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure
- procedural compliance
- conscious possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25162 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- BATHNAHA District- Sitamarhi
======================================================
Sunil Kumar Son of Rajendra Chaudhary Resident of village - Bajpatti, ward
no. 4, P.S. -Bathnaha New @Bajpatti old, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Santosh Kumar, learned counsel for the
petitioner and Mr. Abhay Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
02.03.2026, in connection with Bathnaha P.S. Case No. 113 of
2026, F.I.R. dated 01.03.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. Recovery is of 738 litres of Nepalese liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has 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 recovered from the conscious possession of the petitioner
rather recovery has been made from the Scorpio and motorcycle
Patna High Court CR. MISC. No.25162 of 2026(2) dt.16-04-2026
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in question and altogether 738 litres of Nepalese Gaurabh Saufi
liquor was recovered. He further submits that the petitioner is
not owner of the vehicle in question and from perusal of the
seizure list witnesses, it appears that the seizure list witnesses
are police personnel so there is non-compliance of Sections 103
and 105 of BNSS, 2023. The petitioner is in custody since
02.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court No. 1, Sitamarhi in connection with Bathnaha P.S.
Case No. 113 of 2026, subject to the following conditions :-
(1) Petitioner 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
Patna High Court CR. MISC. No.25162 of 2026(2) dt.16-04-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers 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 petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. 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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