Patna High Court
Shakti Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners, finding that the lack of conscious possession and procedural non‑compliance justified release on bond.
Summary
Petitioners Shakti Kumar Rai and Raju Kumar, drivers of a truck, were arrested on 17 March 2026 in connection with the seizure of 945,000 litres of foreign liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act. They contended that the liquor was recovered from the truck, not from their conscious possession, and that they had no knowledge of the illicit cargo. The petitioners also argued that the investigating authorities failed to comply with Sections 103 and 105 of the BNSS, 2023, and highlighted their clean antecedents. The State opposed bail, but the Court, noting the lack of possession, procedural lapses, and the petitioners' clean record, granted bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Exclusive Special Judge Excise‑II, Kishanganj.
Issues considered
- Whether bail should be granted to the accused when the seized liquor was not found in their conscious possession
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants bail
- Whether the petitioners' clean antecedents justify bail despite the serious nature of the offence
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- foreign liquor seizure
- conscious possession
- procedural compliance
- clean antecedents
- Bihar Prohibition & Excise Act
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27984 of 2026
Arising Out of PS. Case No.-310 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
1. Shakti Kumar Rai S/o- Mangal Rai R/v- Bakarpur Sarmastpur Ps- Rajapakar
District- Vaishali
2. Raju Kumar S/o- Lal Babu Rai R/v- Sarmastpur Ps- Rajapakar District-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the State : Mr. Braj Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Ram Prawesh Kumar, learned counsel for
the petitioners and Mr. Braj Kishore Prasad, learned APP for the
State.
2. Petitioners seek bail, who are in custody since
17.03.2026, in connection with Madya Nisedh P.S. Case No.
310 of 2026 giving rise to Special Case No. 313 of 2026, F.I.R.
dated 16.03.2026 registered for the offences punishable under
Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act.
3. Recovery is of 945.000 litres of foreign liquor.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that it
Patna High Court CR. MISC. No.27984 of 2026(2) dt.27-04-2026
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appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioners
rather recovery has been made from the truck in question and
the petitioners have no knowledge about the illicit liquor and
petitioner has been made accused in the present case merely on
the ground that the petitioners are the driver and Khalasi of the
truck in question and it appears from the seizure list that the
seizure list witnesses are the police personnel so there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioners are in custody since 17.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedents and
nothing has been recovered from the conscious possession of
the petitioners and there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned Exclusive Special Judge Excise-II,
Kishanganj, in connection with Madya Nisedh P.S. Case No.
Patna High Court CR. MISC. No.27984 of 2026(2) dt.27-04-2026
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310 of 2026 giving rise to Special Case No. 313 of 2026, subject
to the following conditions :-
(1) 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 bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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