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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner with a monetary bond and conditions, despite alleged procedural lapses and prior antecedents.

Summary

The petitioner, Vishal Kumar, applied for regular bail in a case (PS‑Brahmpur Case No. 69 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 16.875 litres of illicit foreign liquor recovered from a hut‑shop. The petitioner claimed innocence, asserted that the seizure was not made in compliance with Section 105 of the BNSS, and highlighted that nothing was recovered from his possession while he had been in judicial custody since 15 March 2026. The State opposed the bail, contending the seriousness of the offence. After hearing both sides, the Court considered the procedural lapse alleged and the petitioner’s antecedents, and decided to grant bail on condition that he not commit a similar offence, requiring a bail bond of Rs 10,000 with two sureties. The bail order was directed to be executed by the Exclusive Excise Special Judge, Excise Court No. 2, Buxar.

Issues considered

  • What is the appropriateness of granting regular bail to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act?
  • Did the police comply with Section 105 of the BNSS while making the seizure, and does non‑compliance affect bail eligibility?
  • Should the petitioner’s prior criminal antecedents influence the bail decision?

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 105
  • illegal liquor
  • excise law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27340 of 2026
                      Arising Out of PS. Case No.-69 Year-2026 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Vishal Kumar, S/o- Late Harendar Yadav, Resident of Village- Lallan ji ke
                 Dera, PS- Brahampur, District- Buxar

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mohit Shriwastava, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in

                   connection with Brahmpur P.S. Case No. 69 of 2026 registered

                   for the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

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

                   like shop altogether 16.875 liters of illicit foreign liquor was

                   recovered from inside the chulha.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the

                   possession of the petitioner. At that time, the shop of the
            Patna High Court CR. MISC. No.27340 of 2026(2) dt.23-04-2026
                                                        2/2




                      petitioner was closed. The witnesses of the seizure list are police

                      personnel and the police has not complied with Section 105 of

                      the BNSS while making the seizure. Petitioner has two criminal

                      antecedents of similar nature. Moreover, the petitioner is

                      languishing in judicial custody since 15.03.2026.

                                   5. The application for regular 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 petitioner on bail with the condition

                      that the petitioner shall not indulge himself in similar nature

                      of offence 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 learned Exclusive Excise Special Judge,

                      Excise Court No. 2, Buxar, in connection with Brahmpur P.S.

                      Case No. 69 of 2026.



                                            (Ashok Kumar Pandey, J)
khushbu/-

U      T


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