Created by Fuzzy Cloud

Patna High Court

Arbind @ Arbind KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and specified conditions.

Summary

Arbind Kumar was arrested on 11 March 2026 in connection with a case involving the alleged illegal possession of 270 litres of Nepali liquor, charged under Sections 274 and 275 of the Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner contended that the liquor was recovered from an open place, not from his possession, and that he was implicated solely on suspicion with no substantive material, also alleging non‑compliance of Sections 103 and 105 of the BNSS during investigation. The prosecution opposed bail. The court, after considering the lack of concrete evidence and the petitioner’s clean antecedent, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent. The bail order was directed to be implemented by the Exclusive Special Judge, Excise, Madhubani.

Issues considered

  • Whether bail should be granted when the accused is alleged to have been implicated solely on suspicion without material evidence.
  • Whether the seizure of liquor from an open place suffices to sustain charges under Sections 274, 275 of the BNSS and Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • suspicion
  • investigation
  • liquor seizure
  • excise law
  • sections 274 275 BNSS
  • section 30(a) Bihar Excise Act
  • non‑compliance of investigation provisions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27884 of 2026
                   Arising Out of PS. Case No.-37 Year-2026 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Arbind @ Arbind Kumar Son of Late Bechan Roy R/o Village - Basotana,
                 P.S.- Charaut, District - Sitamarhi.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :      Mr. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   27-04-2026                        Heard Mr. Ravi Prakash, learned counsel for the

                   petitioner and Mr. Pronoti Singh, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   11.03.2026 in connection with Madhawapur P.S. Case No. 37 of

                   2026, F.I.R. dated 10.03.2026 for the offences punishable under

                   Section 274, 275 of Bharatiya Nyay Sanhita, 2023 and under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 270 liters of Nepali liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He 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 rather
Patna High Court CR. MISC. No.27884 of 2026(2) dt.27-04-2026
                                            2/3




          the recovery has been made from an open place and the

          petitioner has been made accused merely on the basis of

          suspicion and except suspicion, no other cogent material has

          come during investigation which suggest the involvement of the

          petitioner in the present occurrence. He further submits that

          seizure list witnesses are police personnel and there is non-

          compliance of Section 103 and 105 of BNSS and the petitioner

          is in custody since 11.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          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, Madhubani in connection with

          Madhawapur P.S. Case No. 37 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.
            Patna High Court CR. MISC. No.27884 of 2026(2) dt.27-04-2026
                                                        3/3




                                    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

                      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)
Suruchi/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.