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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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