Patna High Court
Lukendra Kumar @ Lokendra ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner.
Summary
Lukendra Kumar applied for anticipatory bail after being implicated in an excise case where 90 litres of illegal chulai wine were seized from a Toto. The prosecution alleged the liquor belonged to him based on the confessional statement of the driver, Prince Kumar, though Kumar was neither the owner nor driver of the vehicle. The petitioner argued that the seizure was not from his constructive possession and that the search did not follow the procedures of the Bihar Narcotic and Substances (B.N.S.S.) Act, also highlighting his clean antecedent. The court considered that the illicit liquor was not recovered from Kumar's premises or possession and noted his clean record. Consequently, the court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S. Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when the seized liquor is not in his constructive possession
- Whether the seizure and investigation complied with the procedural requirements of the Bihar Prohibition and Excise Act and the B.N.S.S. Act
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 44
- B.N.S.S. Act, 2023 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illegal liquor
- constructive possession
- clean antecedent
- search and seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27634 of 2026
Arising Out of PS. Case No.-147 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Lukendra Kumar @ Lokendra Manjhi S/o- Late Jagdeo Manjhi Village-
Sarkanda PS-Govindpur, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Excise P.S. Case No.147 of 2026, F.I.R dated
08.02.2026 registered for the offences punishable under
Sections 30(a) and 44 of the Bihar Prohibition and Excise Act,
2016.
3. As per the prosecution case, on 08.02.2026 at about
11:10 A.M., the informant, an ASI Excise, received secret
information and intercepted a Toto coming from Sarkanda Road.
The driver, Prince Kumar, was apprehended and upon search, 90
liters of illegal chulai wine was recovered. During interrogation,
the apprehended person disclosed that the seized liquor
belonged to the petitioner, Lukendra Kumar, following which a
Patna High Court CR. MISC. No.27634 of 2026(3) dt.13-05-2026
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seizure list was prepared.
4. Learned counsel for the petitioner submits that the
place of recovery is from a Toto and the petitioner is neither the
owner nor the driver of the seized vehicle. The name of the
petitioner has transpired on the basis of confessional statement
of co-accused Prince Kumar. The search and seizure is said to
have been made without adhering to the procedures / provisions
prescribed under the B.N.S.S. Act. Lastly, it has been submitted
that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
premises belonging to the petitioner and the petitioner has clean
antecedent, accordingly, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.27634 of 2026(3) dt.13-05-2026
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learned Exclusive Special Court, Excise-2, Nawada, in
connection with Excise P.S. Case No.147 of 2026 subject to the
condition as laid down under Section 482(2) of the B.N.S.S.,
2023.
(Ajit Kumar, J)
sharun/-
U T
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