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Patna High Court

Satish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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