Patna High Court
Kiran Kunwar@ Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to both petitioners.
Summary
The petitioners, Kiran Kunwar and Ujjwal Ram, were arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 77.8 litres of illicit country-made liquor and 6 litres of illicit foreign liquor recovered from an open place behind the house of the second petitioner. The petitioners contended that they were innocent, that no liquor was recovered from their possession, and that the police failed to comply with Section 105 of the BNSS while making the seizure. They had been in judicial custody since 29 March 2026 and sought bail, while the State opposed bail, noting a prior criminal case against the second petitioner. After hearing both sides, the Court found the circumstances sufficient to grant bail. The petitioners were ordered to furnish a bail bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Judge, Excise Court No. I, Rohtas.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of liquor complied with the procedural requirements of Section 105 of the BNSS.
- Whether the prior criminal antecedent of petitioner no. 2 warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- seizure procedure
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28177 of 2026
Arising Out of PS. Case No.-129 Year-2026 Thana- AKHODHIGOLA District- Rohtas
======================================================
1. Kiran Kunwar@ Kiran Devi W/o Late Dharmendra Ram @ Late
Dharmendra Choudhary @ Late Dharam Ram Resident Of Village - Musaie
Tola, Ps - Akorhigola, Dist.- Rohtas.
2. Ujjwal Ram S/o Late Dharmendra Ram @ Dharmendra Choudhary @ Late
Dharam Ram Resident Of Village - Musaie Tola, Ps - Akorhigola, Dist.-
Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Akhori Gola P.S. Case No. 129 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that
altogether 77.8 liters of illicit country made liquor and 06 liters of
illicit foreign liquor were recovered behind the house of Ujjwal
Ram (petitioner no. 2) from an open place.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.28177 of 2026(2) dt.04-05-2026
2/2
committed no offence. They have been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. Moreover, the
petitioners are languishing in judicial custody since 29.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner no. 1 has no criminal
antecedent whereas petitioner no. 2 has criminal antecedent of one
case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge, Excise Court No. I, Rohtas at Sasaram in
connection with Akhori Gola P.S. Case No. 129 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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