Patna High Court
Arbind @ Arbind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 103, 105, 274, 275
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
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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
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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
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