Patna High Court
Jivan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to conditions, as he has a clean antecedent and there is non‑compliance of statutory provisions.
Summary
Jivan Kumar was arrested on 2 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for alleged possession of 498 litres of country‑made liquor, of which 117 litres were seized from his hut and the remainder from a motorcycle belonging to an unknown person. The petitioner claimed he was falsely implicated, had a clean antecedent and that the investigation violated Sections 103 and 105 of the Bihar Narcotic Substances Act (BNSS). The State opposed bail, arguing the seriousness of the offence. The court examined the facts, noted the petitioner’s clean record and the procedural lapses, and ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s antecedent but not to delay the release.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether non‑compliance of Sections 103 and 105 of the Bihar Narcotic Substances Act warrants the grant of bail.
- Whether the petitioner’s alleged connection with the seized liquor is sufficient to deny bail.
Legislation cited
- Bihar Narcotic Substances Act (BNSS) — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- false implication
- clean antecedent
- procedural lapse
- Section 30(a)
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27265 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- SANGRAMPUR District- East
Champaran
======================================================
Jivan Kumar Son of Bijali Mahato Resident of Village - Indragachhi
Chicknauta Parti Ward No.- 03, P.S.- Sangrampur, District - 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 : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Abhishek Kumar, learned counsel for
the petitioner and Ms. Sangeeta Sharma, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.03.2026 in connection with Sangrampur P.S. Case No. 92 of
2026, F.I.R. dated 01.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 498 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 altogether 498 liters of
country made liquor was recovered in which 117 liters of liquor
Patna High Court CR. MISC. No.27265 of 2026(2) dt.22-04-2026
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was recovered from the hut of the petitioner and 381 liters of
liquor was recovered from the Apache motorcycle left by
unknown person. The petitioner has no concern at all with the
alleged recovery of liquor or motorcycle in question. He further
submits that there is non-compliance of Section 103 and 105 of
BNSS and the petitioner is in custody since 02.03.2026.
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,
petitioner has clean antecedent and there is non-compliance of
Section 103 and 105 of BNSS, 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-1,
Motihari, East Champaran in connection with Sangrampur P.S.
Case No. 92 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.
Patna High Court CR. MISC. No.27265 of 2026(2) dt.22-04-2026
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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)
Suruchi/-
U T
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