Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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