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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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