Patna High Court
Raimal Kumar @ BhodaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Raimal Kumar was arrested on 11 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, for allegedly possessing two litres of country‑made wine seized from a pokhra. The petitioner contended that the seizure was not from his conscious possession and that the seizure list, prepared solely by police officers, violated Sections 103 and 105 of the Bihar Non‑Statutory Seizure Act, 2023. The prosecution opposed bail, citing the recovery from the petitioner’s possession and a prior criminal antecedent, though the petitioner was already on bail in another matter. The court examined the factual matrix and the procedural deficiencies raised, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order emphasized that bail should not be delayed for verification of antecedents, but such verification could lead to cancellation if concealment is discovered.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the seizure of the wine complied with Sections 103 and 105 of the Bihar Non‑Statutory Seizure Act, 2023.
- Whether the accused’s prior criminal antecedent warrants denial of bail.
Subjects
- bail
- Bihar Prohibition and Excise Act
- seizure procedure
- criminal antecedent
- Section 30(a)
- Section 103
- Section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26188 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- Vasudeva District- Buxar
======================================================
Raimal Kumar @ Bhoda S/o Late Shiv Shankar Bind R/o Village - Vasudeva,
Bind Toli, PS - Vasudeva, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nitee Ranjan, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr. Nitee Ranjan, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.03.2026 in connection with Vasudeva P.S. Case No. 30 of
2026, F.I.R. dated 10.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2018.
3. Recovery is of 2 liters of country made wine.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been 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 petitioner rather the recovery of 2
Patna High Court CR. MISC. No.26188 of 2026(2) dt.20-04-2026
2/3
liters of country made wine has been made from the pokhra. He
further submits that although the police have shown that the
recovery has been made from the possession of the petitioner
but from perusal of the seizure list it appears that the seizure list
witnesses are the police personnel so there is non-compliance of
Section 103/105 of the BNSS, 2023. The petitioner is in custody
since 11.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the recovery has been made from the possession of
the petitioner and apart from that the petitioner carries one
criminal antecedent other than the present one but fairly submits
that he is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Excise Special Court No. 2, Buxar in connection with Vasudeva
P.S. Case No. 30 of 2026 subject to the following conditions:-
i. Petitioner 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
Patna High Court CR. MISC. No.26188 of 2026(2) dt.20-04-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Vanisha/-
U T
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