Patna High Court
Khushi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioner is entitled to bail, as his clean antecedent and the circumstances of his arrest outweigh the seriousness of the alleged offence under Section 30(a).
Summary
The petitioner, Khushi Kumar, was arrested in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition & Excise Act, 2016 for allegedly bringing illicit liquor from Nepal. The prosecution claimed that a raid recovered 692.64 liters of liquor and that the petitioner attempted to flee, while the petitioner asserted he was an innocent passer‑by with no involvement in the vehicle or seizure. The petitioner’s counsel highlighted his clean antecedent and the length of his custody since 26‑02‑2026, arguing that there was no independent witness linking him to the contraband. The State opposed bail, maintaining the seriousness of the offence. Considering the facts, the petitioner’s clean record, and the circumstances of his arrest, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also imposed attendance requirements and a clause for cancellation upon non‑compliance.
Issues considered
- What is the applicability of bail provisions to an accused under Section 30(a) of the Bihar Prohibition & Excise Act, 2016?
- Whether the petitioner’s clean antecedent and the circumstances of his arrest justify granting bail despite the nature of the alleged offence?
- Whether the conditions prescribed under Section 480(3) of the BNSS are appropriate for the grant of bail in this case?
Legislation cited
- Bihar Negotiable Security System (BNSS) — s. 480(3)
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
Subjects
- bail
- prohibition and excise
- illicit liquor
- Section 30(a)
- clean antecedent
- Section 480(3) BNSS
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25693 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- KANHAULI District- Sitamarhi
======================================================
Khushi Kumar S/O Ramgir Rai Resident Of Village- Ramnagara, Ward No
11, P.S- Kanhauli, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Kanhauli P.S. Case No. 25 of 2026 registered
for the alleged offences under Section 30(a) of the Bihar
Prohibition & Excise Act, 2016.
03. As per prosecution case, police received
information about petitioner and co-accused bringing illicit
liquor from Nepal and keeping it at some identified place. A raid
was conducted and two persons tried to run away after getting
down from a four wheeler vehicle. The petitioner was
apprehended and the other co-accused fled away taking
advantage of darkness. On search of the vehicle, recovery of
692.64 liters of illicit liquor of country made as well as foreign
Patna High Court CR. MISC. No.25693 of 2026(2) dt.17-04-2026
2/3
liquor was made.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner has no concern with the vehicle from which
recovery has been made. The petitioner was merely a passerby
who was apprehended on the basis of suspicion. There is no
independent witness to the seizure list. Learned counsel further
submits that the petitioner is having clean antecedent and is in
custody since 26.02.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and also considering the period of custody
of the petitioner and his clean antecedent, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, Excise Act-I, Sitamarhi/court concerned in connection
with Kanhauli P.S. Case No. 25 of 2026, subject to the
conditions mentioned in Section 480(3) of BNSS and the
following conditions:
Patna High Court CR. MISC. No.25693 of 2026(2) dt.17-04-2026
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(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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