Patna High Court
Nand Kishore Rai @ Nanhe RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners, subject to strict conditions.
Summary
The petitioners, Nand Kishore Rai and Chulhai Kumar, were arrested on 17 March 2026 in connection with a case involving the alleged possession of 104.25 litres of foreign liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. They contended that the liquor was seized from a pick‑up van and not from their conscious possession, and that the seizure list was prepared by police personnel without compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act. The Additional Public Prosecutor opposed bail, arguing the seriousness of the offence. The court examined the claim of false implication, the lack of direct possession, and the procedural lapses, and found no compelling reason to keep the petitioners in custody. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioners' criminal antecedents without delaying the acceptance of the bail bond.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the seizure of foreign liquor from a pick‑up van establishes conscious possession by the accused.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act affects the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- seizure
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27923 of 2026
Arising Out of PS. Case No.-179 Year-2026 Thana- DUMRA District- Sitamarhi
======================================================
1. Nand Kishore Rai @ Nanhe Rai S/O Jay Narayan Ray R/O village- Lagma
ward no. 6, P.S. - Dumra, Dist. -Sitamarhi
2. Chulhai Kumar S/O Ajod Mahto R/O village- Lagma ward no. 6, P.S. -
Dumra, Dist. -Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Santosh Kumar, learned counsel for
the petitioners and Mr. Madan Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
17.03.2026 in connection with Dumra P.S. Case No. 179 of
2026, F.I.R. dated 16.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 104.25 liters of foreign liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have 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
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recovered from the conscious possession of the petitioners
rather the recovery has been made from pick-up van in question
and petitioners have no concern at all with the alleged recovery
of liquor or the pick-up van in question. He further submits that
seizure list witnesses are police personnel and there is non-
compliance of Section 103 and 105 of BNSS and the petitioners
are in custody since 17.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, 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 Excise Court no.1, Sitamarhi in connection
with Dumra P.S. Case No. 179 of 2026, subject to the following
conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
Patna High Court CR. MISC. No.27923 of 2026(2) dt.27-04-2026
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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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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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