Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 with two sureties each.
Summary
The petitioners, Vishal Kumar and Prince Kumar, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018, alleging that 120 litres of foreign liquor were seized from a Tata Sumo Gold vehicle. They contended that they were merely the driver and passenger, respectively, and that no contraband was found in their possession, asserting innocence and lack of prior criminal record. The prosecution argued that the liquor was recovered from the vehicle they were associated with. The petitioners also challenged the seizure procedure, claiming non‑compliance with Section 105 of the BNSS in preparing the seizure list. After hearing both sides, the Court found merit in the bail plea and ordered the petitioners to be released on bail upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to bail under the circumstances of the case
- Whether the seizure list complied with Section 105 of the BNSS
- Whether the petitioners have any criminal antecedent that would preclude bail
Subjects
- bail
- excise
- prohibition
- foreign liquor
- seizure procedure
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27335 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- EXCISE JAGDISHPUR District- Bhojpur
======================================================
1. Vishal Kumar S/o- Mohan Singh R/v- Garuda W.No-8, Ps- Sanjhauli Dist-
Rohtas
2. Prince Kumar S/o- Yamuna Singh R/v- Garuda W.No-8, Ps- Sanjhauli Dist-
Rohtas
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Malti Kumari, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Jagdishpur P.S. Case No. 41 of 2026 registered for the
offence punishable under Sections 30(a) of the Bihar Prohibition
& Excise (Amendment) Act, 2018.
3. The case of the prosecution, in short, is that from a
Tata Sumo Gold vehicle 120 litres of foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that the petitioners are innocent and
have committed no offence. They have falsely been implicated
in this case. Learned counsel for the petitioners has submitted
that petitioner no. 1, namely Vishal Kumar is the driver of the
Patna High Court CR. MISC. No.27335 of 2026(2) dt.23-04-2026
2/2
said vehicle whereas the petitioner no. 2, namely Prince Kumar
is the passenger. It has further been submitted that nothing has
been recovered from the possession of these petitioners. The
witnesses of the seizure list are police personnel and police have
not complied Section 105 of the BNSS while preparing the
seizure list. Learned counsel for the petitioners has further
submitted that petitioners are in custody since 01.04.2026
having no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the court
of learned Exclusive Special Judge Excise Court-II, Bhojpur,
Ara, in connection with Jagdishpur P.S. Case No. 41 of 2026.
(Ashok Kumar Pandey, J)
khushbu/-
U T
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