Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 each with two sureties.
Summary
The petitioners, Rahul Kumar and Ankit Kumar, were arrested in connection with a case involving the seizure of 69.12 litres of illicit foreign liquor from a car under Section 30(a) of the Bihar Prohibition & Excise Act. They contended that they were merely the driver and a passenger, had no ownership or possession of the liquor, and that the vehicle had been handed to them by its owner. Their counsel also argued that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act during the seizure and that no contraband was found on the petitioners themselves. The State opposed bail, noting a prior criminal antecedent for petitioner‑1, though he had been acquitted in that case. After hearing both sides, the Court found the circumstances warranted bail and ordered the petitioners to be released on a bond of Rs 10,000 each with two sureties, subject to the satisfaction of the 1st Exclusive Special Excise Court, Saran.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the alleged non‑compliance with Section 105 of the Bihar Narcotic Substances Act during seizure affects the bail decision.
- Whether the petitioners’ roles as driver and passenger, without possession of the seized liquor, justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition & Excise Act
- illicit liquor
- seizure
- Section 105
- criminal antecedent
- driver
- passenger
- Special Excise Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25753 of 2026
Arising Out of PS. Case No.-109 Year-2026 Thana- AWTARNAGAR District- Saran
======================================================
1. Rahul Kumar S/o Gopal Ray R/o Village - Sabalpur, P.S - Sonepur, District -
Saran
2. Ankit Kumar S/o Suchit Ray R/o Village - Sabalpur, P.S - Sonepur, District -
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate.
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Awtar Nagar P.S. Case No. 109 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
& Excise Act.
3. The case of the prosecution, in short, is that from a
car, altogether 69.12 liters of illicit foreign liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
Patna High Court CR. MISC. No.25753 of 2026(3) dt.12-05-2026
2/3
case. He further submits that petitioner no. 1 was merely the
driver of the said car, whereas petitioner no. 2 was only a
passenger therein. It is further submitted that nothing has been
recovered from the possession of either of the petitioners. The
witnesses to the seizure list are police personnel, and the police
have not complied with Section 105 of the BNSS while
effecting the seizure. Learned counsel further submits that the
said car does not belong to the petitioners and that the vehicle
had been handed over to them by its owner. Moreover, the
petitioners are languishing in judicial custody since 13.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that petitioner no. 2 has got no
criminal antecedent whereas petitioner no. 1 has criminal
antecedent of one case and in the said case, he has already been
acquitted.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
1st Exclusive Special Excise Court, Saran at Chapra in
Patna High Court CR. MISC. No.25753 of 2026(3) dt.12-05-2026
3/3
connection with Awtar Nagar P.S. Case No. 109 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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