Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Satish Kumar was arrested on 3 March 2026 in connection with the seizure of 55.335 litres of foreign liquor alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The petitioner claimed he had no conscious possession of the liquor and that the seizure was recorded by police witnesses, thereby violating Sections 103 and 105 of the Bihar Non‑Statutory Substitution (BNSS) Act, 2023. He also asserted a clean criminal antecedent and that he was falsely implicated. The State opposed bail, but the court considered the lack of direct possession, procedural lapses in the seizure, and the petitioner's background. The court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to cancellation if conditions were breached.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case.
- Whether the seizure of the liquor complied with Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner’s alleged lack of conscious possession and clean antecedent justify bail.
Subjects
- bail
- prohibition law
- excise
- foreign liquor seizure
- criminal antecedent
- procedural compliance
- Section 30(a)
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27771 of 2026
Arising Out of PS. Case No.-74 Year-2026 Thana- SALIMPUR District- Patna
======================================================
Satish Kumar S/o Arvind Rai Resident of Village- Gayaspur Mahaji, P.S-
Salimpur, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Usha Kumari Singh, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Ms. Usha Kumari Singh, learned counsel for
the petitioner and Ms. Shaheen Begum, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.03.2026 in connection with Salimpur P.S. Case No. 74 of
2026, F.I.R. dated 01.03.2026 for the offences punishable under
Section 30(a) and of the Bihar Prohibition and Excise
(Amendment) Act.
3. Recovery is of 55.335 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. She further submits that it
appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioner
Patna High Court CR. MISC. No.27771 of 2026(2) dt.27-04-2026
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rather the recovery of altogether 55.335 liters of illicit liquor has
been made from the room in question. It appears from the
seizure list that the seizure list witnesses are the police
personnel, so there is non-compliance of Section 103/105 of the
BNSS, 2023. The petitioner is in custody since 03.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstance,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge, Excise, Barh (Patna) in connection with Salimpur
P.S. Case No. 74 of 2026 subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
Patna High Court CR. MISC. No.27771 of 2026(2) dt.27-04-2026
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verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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