Patna High Court
Abhinandan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Abhinandan Kumar, a driver, was arrested in connection with the seizure of 198 litres of illicit foreign liquor from a Bolero vehicle, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, was falsely implicated, and that the police failed to comply with Section 105 of the BNSS while making the seizure. The State opposed his regular bail application, arguing the seriousness of the offence. The Court, after hearing both sides, considered the petitioner’s lack of criminal antecedent, his claim of ignorance, and the procedural lapse in seizure. It ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor complied with the procedural requirements of Section 105 of the BNSS.
- Whether the petitioner’s lack of knowledge and clean record justify the grant of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30(a)
- Section 105
- procedural lapse
- driver
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27370 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- CHANDI District- Bhojpur
======================================================
Abhinandan Kumar S/o Rajdev Rai @ Rajdev Ray R/o Village - Lithiyahi,
P.S. - Rustampur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mrs. Sharda Kumari, 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 Chandi P.S. Case No. 35 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
altogether 198 liters of illicit foreign liquor was recovered from
a Bolero vehicle.
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 car and he was unaware of
the alleged liquor kept in the car. He also submits that nothing
Patna High Court CR. MISC. No.27370 of 2026(2) dt.23-04-2026
2/2
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 12.03.2026.
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. 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 Excise, Court No. 1, Bhojpur, Ara in
connection with Chandi P.S. Case No. 35 of 2026.
(Ashok Kumar Pandey, J)
khushbu/-
U T
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