Patna High Court
Harinarayan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Harinarayan Kumar, a truck driver, was arrested in connection with the seizure of 345.6 liters of illicit foreign liquor from his vehicle, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. He claimed innocence, stating he was unaware of the liquor and that the police failed to follow Section 105 of the BNSS during the seizure. The petitioner had no prior criminal record and had been in judicial custody since 18 February 2026. The State opposed his regular bail application. After hearing both sides, the High Court found merit in the petitioner's arguments and ordered his release on regular bail, subject to a bond of Rs.10,000 and two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the seizure complied with the procedural requirements of Section 105 of the BNSS.
- Whether the petitioner’s lack of criminal antecedent and claim of false implication warrant grant of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- seizure
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27351 of 2026
Arising Out of PS. Case No.-102 Year-2026 Thana- BARH District- Patna
======================================================
Harinarayan Kumar S/o Govindar Yadav @ Govindar Singh Yadav Resident
of village- Nawadih Navadih, Police Station- Koransarai, (Kuran Saraiya),
District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Rai Sharma, Advocate
For the Opposite Party/s : Mrs. Asha Devi, 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 Barh P.S. Case No. 102 of 2026 registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act.
3. The case of the prosecution, in short, is that
altogether 345.6 liters of illicit foreign liquor was recovered
from a truck.
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. Petitioner is the driver of the truck and he was unaware of
Patna High Court CR. MISC. No.27351 of 2026(2) dt.23-04-2026
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the alleged liquor kept in the truck. He also submits that nothing
has been recovered from the possession of the petitioner. 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 no criminal antecedent. Moreover, the
petitioner is languishing in judicial custody since 18.02.2026.
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. 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 Special Judge, Excise, Barh, Patna in connection with
Barh P.S. Case No. 102 of 2026.
(Ashok Kumar Pandey, J)
khushbu/-
U T
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