Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 105
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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