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Patna High Court

Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the petitioners were not in conscious possession of the contraband and the prosecution had failed to comply with Sections 103 and 105 of the BNSS, 2023.

Summary

Ajay Kumar and Rakesh Kumar were arrested on 19 February 2026 in connection with a case involving the seizure of 163.800 litres of Nepali liquor from a tempo vehicle, alleged to violate Section 30(a) of the Bihar Prohibition & Excise (Amend) Act, 2022. The petitioners contended that the liquor was not recovered from their conscious possession, that they were neither owners nor drivers of the vehicle, and that the prosecution had failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, but the High Court noted the lack of direct possession and procedural lapses. Consequently, the Court granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order emphasized that verification of criminal antecedents should not delay the acceptance of bail.

Issues considered

  • Whether bail should be granted when the accused are not found in conscious possession of the seized liquor.
  • Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 justifies granting bail.
  • Whether mere suspicion is sufficient to justify continued custody of the accused.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure
  • procedural compliance
  • non‑possession
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25219 of 2026
                      Arising Out of PS. Case No.-47 Year-2026 Thana- SONBERSA District- Sitamarhi
                 ======================================================
           1.     Ajay Kumar S/O Ram Hirday Rai R/O Village- Ajmagadh(Ajamgadh), P.S-
                  Dumra, Distt.- Sitamarhi.
           2.    Rakesh Kumar @ Rakesh Kumar Shah S/O Late Naresh Shah R/O Village-
                 Ajmagadh(Ajamgadh), P.S- Dumra, Distt.- Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ritesh Kumar Narain Singh, Advocate
                 For the State            :        Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-04-2026                      Heard Mr. Ritesh Kumar Narain Singh, learned

                   counsel for the petitioners and Mr. Ramesh Chandra, learned

                   APP for the State.

                                 2. Petitioners seek bail, who are in custody since

                   19.02.2026, in connection with Sonbarsa P.S. Case No. 47 of

                   2026, F.I.R. dated 19.02.2026                 registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition &

                   Excise (Amend) Act, 2022.

                                 3. Recovery is of 163.800 litres of Nepali liquor.

                                 4. Learned counsel for the petitioners submits that the

                   petitioner no. 1 carries one more case other than the present one

                   and petitioner no. 2 having clean antecedents and they have
Patna High Court CR. MISC. No.25219 of 2026(2) dt.16-04-2026
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          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

          petitioners rather recovery has been made from the vehicle

          (Tempo) in question and altogether 163.800 lires of Nepali

          liquor was recovered from the vehicle in question. He further

          submits that the petitioner has been made accused merely on the

          basis of suspicion and petitioner is neither the owner nor the

          driver of the vehicle in question. He further submits that the

          seizure list witnesses are police personnel so there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and the

          petitioners are in custody since 19.02.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for                    bail of the

          petitioners.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioners and there is non-compliance of

          Sections 103 and 105 of the BNSS, 2023, let the petitioners,

          above named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) each with two sureties of the

          like amount each to the satisfaction of              learned    Exclusive
               Patna High Court CR. MISC. No.25219 of 2026(2) dt.16-04-2026
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                         Excise Court-I, Sitamarhi in connection with Sonbarsa P.S. Case

                         No. 47 of 2026, subject to the following conditions :-

                                      (1) Petitioners 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 on their absence on two consecutive dates without

                         sufficient reason, their bail bonds shall be cancelled by the

                         Court below.

                                      (2) If the petitioners tamper 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 petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners.            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
Patna High Court CR. MISC. No.25219 of 2026(2) dt.16-04-2026
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