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Patna High Court

Nand Kishore Rai @ Nanhe RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.27923 of 2026(2) dt.27-04-2026
                                            2/3




          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
                                                        3/3




                      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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