Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
Vishal Kumar and Dhanu Kumar were arrested on 15 March 2026 in connection with the seizure of 1080 litres of illicit liquor, alleged to be offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The petitioners contended that the liquor was recovered from a vehicle they did not own and that no liquor was found in their conscious possession, invoking a clean antecedent and alleging non‑compliance by police with Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail, while the petitioners' counsel argued that the charge sheet was filed without proper investigation. The court examined the factual matrix, the procedural lapses alleged, and the petitioners' lack of prior convictions. It granted bail to both petitioners on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act considering alleged procedural lapses and lack of conscious possession.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 47
- BNSS — s. 103, 105
Subjects
- bail
- illicit liquor
- excise
- Section 30(a)
- Section 47
- procedural lapse
- clean antecedent
- vehicle ownership
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25490 of 2026
Arising Out of PS. Case No.-202 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
1. Vishal Kumar Son of Ramesh Yadav Resident of Village- Sidhwal, P.S.-
Hussainganj, District- Siwan
2. Dhanu Kumar Son of Sudaran Prasad Resident of Village- Titra, Phulwariya,
P.S.- Mairwa, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Pankaj Kumar Singh, learned counsel for
the petitioners and Mr. Pronoti Singh, learned Additional Public
Prosecutor for the State.
2. Petitioners seek bail who are in custody since
15.03.2026 in connection with Siwan Excise P.S. Case No.
202/2026, F.I.R. dated 14.03.2026 for the offences punishable
under Sections 30(a) and 47 of the Bihar Prohibition and Excise
Act.
3. Recovery is of 1080 liters of illicit liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
Patna High Court CR. MISC. No.25490 of 2026(2) dt.16-04-2026
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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 the recovery has been made from vehicle in question and
the petitioners are not the owner of the vehicle in question. The
seizure list witnesses are police personnel and there is non-
compliance of Sections 103 and 105 of the BNSS. He further
submits that the police after investigation submitted the charge
sheet against the petitioners. The petitioners are in custody since
15.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Court-2, Siwan in connection
with Siwan Excise P.S. Case No. 202/2026, subject to the
following conditions:-
i. 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
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on his absence on two consecutive dates without sufficient
reason, his bail bonds shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 his
criminal antecedent, 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)
atul/-
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