Patna High Court
Malikar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Malikar Kumar, was arrested on 25 February 2026 in connection with an excise case involving the alleged seizure of eight litres of country-made liquor from a motorcycle. He contended that he had no ownership of the motorcycle, that the liquor was not in his conscious possession, and that he had a clean criminal record, alleging false implication and non‑compliance with Sections 103 and 105 of the BNSS. The State opposed bail, arguing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The Court, after considering the facts, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of antecedents. The bail order was made subject to cancellation if the petitioner absented himself from two consecutive court dates without sufficient cause or concealed any criminal antecedent.
Issues considered
- Whether bail should be granted to the accused in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether alleged non‑compliance with Sections 103 and 105 of the BNSS warrants denial of bail.
- Whether the petitioner’s claim of non‑ownership of the seized motorcycle and his clean antecedent affect the bail decision.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise law
- illegal liquor
- Section 30(a)
- false implication
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26562 of 2026
Arising Out of PS. Case No.-600 Year-2026 Thana- Excise P.S. District- East Champaran
======================================================
Malikar Kumar S/O Jagdev Mahto R/O Village- Korigawa Ward No. 5, P.S-
Sangrampur, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Abhishek Kumar, learned counsel for
the petitioner and Mr. Dilip Kumar No. 1, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.02.2026 in connection with Excise P.S. Case No. 600 of
2026, F.I.R. dated 24.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 08 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent 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 has been made from motorcycle in question and the
Patna High Court CR. MISC. No.26562 of 2026(2) dt.22-04-2026
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petitioner is not the owner of the motorcycle in question. He
further submits that seizure list witnesses are police personnel
and there is non-compliance of Section 103 and 105 of BNSS
and the petitioner is in custody since 25.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
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
Special Excise Court No-2, Motihari, East Champaran in
connection with Excise P.S. Case No. 600 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
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.
Patna High Court CR. MISC. No.26562 of 2026(2) dt.22-04-2026
3/3
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)
Suruchi/-
U T
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