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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to specified conditions.

Summary

Petitioners Raja Kumar and Awadhesh Kumar were arrested on 14 March 2026 in connection with an excise case involving the seizure of 75.960 litres of illicit foreign liquor. They were charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. The petitioners contended that the liquor was recovered from a vehicle and not from their conscious possession, that they have clean antecedents, and that procedural requirements under Sections 103 and 105 of the BNSS were not complied with. The Additional Public Prosecutor opposed bail. The Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The bail order was made without delay for verification of antecedents.

Issues considered

  • Whether the petitioners are entitled to bail despite the seizure of a large quantity of illicit liquor.
  • Whether non‑compliance with Sections 103 and 105 of the BNSS affects the bail application.
  • Whether the petitioners' alleged lack of conscious possession and clean antecedent justify bail.

Legislation cited

  • BNSS — s. 103, 105

Subjects

  • bail
  • excise
  • illicit liquor
  • false implication
  • criminal antecedent
  • Section 103
  • Section 105
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26517 of 2026
                         Arising Out of PS. Case No.-68 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
           1.     Raja Kumar S/o Indrajeet Kumar Singh @ Indrajit Kumar R/o Village -
                  Sitalpur (Kamalpur), Ward No. 08, P.S - Bidupur, District - Vaishali
           2.    Awadhesh Kumar @ Awadesh Kumar S/o Ramanand Singh R/o Village -
                 Gauspur Ixra Ward No. 07, P.S - Hajipur Sadar, District - Vaishali

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Raushan Raj, Advocate
                                          :          Mr. Vikash Kumar Yadav, Advocate
                                          :          Mr. Sitesh Kashyap, Advocate
                 For the Opposite Party/s :          Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                          Heard Mr. Raushan Raj, learned counsel for the

                   petitioners and Mr. Kumar Ranjit Ranjan, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioners seeks bail who are in custody since

                   14.03.2026 in connection with Sadar Excise P.S. Case No. 68 of

                   2026, F.I.R. dated 13.03.2026 for the offences punishable under

                   Section 30(a), 32(3) of the Bihar Prohibition and Excise

                   Act, 2018.

                                3. Recovery is of 75.960 liters of illicit foreign liquor.

                                4. Learned counsel for the petitioners submits that

                   petitioners have clean antecedent and they have falsely been

                   implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.26517 of 2026(2) dt.22-04-2026
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          from the F.I.R. as well as seizure list that nothing have been

          recovered from the conscious possession of the petitioners

          rather the recovery has been made from vehicle in question and

          the petitioners have no concern at all with the alleged recovery

          of liquor. He further submits that seizure list witnesses are

          police personnel and there is non-compliance of Section 103

          and 105 of BNSS and the petitioners are in custody since

          14.03.2026.

                      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) with two

          sureties of the like amount each to the satisfaction of the learned

          Exclusive Special Excise Judge, Saran, Chapra in connection

          with Sadar Excise P.S. Case No. 68 of 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

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.
            Patna High Court CR. MISC. No.26517 of 2026(2) dt.22-04-2026
                                                        3/3




                                  ii. If the petitioners tamper 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 their

                      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)
Suruchi/-

U      T


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