Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Arun Kumar and his son Chandan Kumar, were arrested in connection with the seizure of 380.470 liters of illicit foreign liquor alleged under Sections 30(a), 30(e), 33, 34, 36, 41 and 62 of the Bihar Prohibition and Excise Act. They claimed innocence, arguing that no liquor was recovered from their possession, that the seizure was not made in compliance with Section 105 of the BNSS, and that they have no prior criminal record. The State opposed the bail application. After hearing both sides, the Court found merit in the petitioners' arguments and ordered that they 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 Judge Excise, Rohtas. The order effectively grants bail to the petitioners pending trial.
Issues considered
- Whether the petitioners are entitled to regular bail under the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor complied with statutory requirements, particularly Section 105 of the BNSS.
- Whether the petitioners have any criminal antecedent that would preclude bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise
- illegal liquor
- seizure
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27389 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- Bikramganj Excise District- Rohtas
======================================================
1. Arun Kumar, S/o Shivjee Paswan, R/o village - Gangati, ward no. 12, P.S.-
Dawath, Distt.- Rohtas, Bihar
2. Chandan Kumar, S/o Arun Kumar, R/o village - Gangati, ward no. 12, P.S.-
Dawath, Distt.- Rohtas, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, 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 regular bail in
connection with Bikramganj Excise P.S. Case No. 79 of 2026
registered for the offence punishable under Sections 30(a),
30(e), 33, 34, 36, 41 and 62 of the Bihar Prohibition and Excise
Act.
3. The case of the prosecution, in short, is that
altogether 380.470 liters of illicit foreign liquor was recovered
from the hay before the house of this petitioners.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.27389 of 2026(2) dt.23-04-2026
2/2
committed no offence. They have been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioners. 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. He also
submits that the recovery has been made an open place.
Petitioners have no criminal antecedent. Moreover, the
petitioners are languishing in judicial custody since 20.03.2026.
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
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, Court No. 1, Rohtas at Sasaram
in connection with Excise Bikramganj P.S. Case No. 79 of 2026.
(Ashok Kumar Pandey, J)
khushbu/-
U T
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