Patna High Court

Vishal KumarversusThe State of Bihar

Decided: 21 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner subject to a bond and conditions.

Summary

Vishal Kumar, a driver, was arrested in connection with the seizure of 67.5 litres of illicit foreign liquor from a vehicle, and charged under Sections 30(a), 41 and 47 of the Excise Act. He applied for bail, contending that nothing was recovered from his personal possession and that the police had not complied with Section 105 of the BNSS while making the seizure. The State opposed bail, highlighting six prior similar offences against the petitioner. The court, after considering the facts, the petitioner’s custody since 14‑02‑2026, and the lack of direct possession, granted bail on the condition of a Rs.10,000 bond with two sureties and a requirement to cooperate with the trial and refrain from similar offences. The bail order was directed to be executed by the Exclusive Special Court, Excise‑2, Nawada.

Issues considered

Whether bail should be granted to the petitioner despite charges under the Excise Act and prior criminal antecedents.
Whether the seizure complied with Section 105 of the BNSS, affecting the bail consideration.
Whether the petitioner’s role as driver, without personal possession of the liquor, warrants bail.

Legislation cited

BNSS — s. 105
Excise Act — s. 30(a), 41, 47

Subjects

bail
Excise Act
illicit liquor
seizure
Section 105
driver
judicial custody
prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26668 of 2026
                      Arising Out of PS. Case No.-161 Year-2026 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Vishal Kumar S/o Karamveer Prasad Resident Of Village- Roh, Ward No 8,
                 Ps- Roh, District- Nawada
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   21-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Excise P.S. Case No.161 of 2026 registered for the offence

                   punishable under Sections 30(a), 41 and 47 of the Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   vehicle altogether 67.5 liters of illicit foreign country made

                   liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is driver of the vehicle.

                   Learned counsel for the petitioner has submitted that nothing

                   has been recovered from the possession of the petitioner.

                   Learned counsel for the petitioner has further submitted that the

                   witnesses of the seizure list are police personnel and police have

                   not complied Section 105 of the BNSS while making seizure.
            Patna High Court CR. MISC. No.26668 of 2026(2) dt.21-04-2026
                                                        2/2




                      Learned counsel for the petitioner has further submitted that the

                      petitioner is languishing in judicial custody since 14.02.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State. Learned APP has further submitted that the

                      petitioner is having criminal antecedent of six cases of similar

                      nature.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail with the condition that

                      the petitioner shall co-operate in the trial and shall not

                      indulge in similar nature of offences in future. The above

                      named petitioner is directed to be enlarged on bail on furnishing

                      bail bond of Rs. 10,000/- (Rs. ten thousand only) with two

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

                      of learned Exclusive Special Court, Excise-2, Nawada in

                      connection with Excise P.S. Case No.161 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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