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Patna High Court

Arun KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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