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Patna High Court

Raimal Kumar @ BhodaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                        3/3




                       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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