Patna High Court
Abhijit HariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Abhijit Hari and Rahul Saw, applied for regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that 85.860 litres of illicit foreign liquor were seized from a train bogie. They contended that they were falsely implicated, that nothing was recovered from their possession, and that the police seizure violated Section 105 of the B.N.S.S. They also highlighted their clean criminal record and that they had been in judicial custody since 23‑02‑2026. The State opposed the bail. After hearing both sides, the Court found merit in the petitioners' arguments and ordered their release on bail, requiring each to furnish a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Excise Judge, Chapra.
Issues considered
- Whether the petitioners are entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of liquor was lawful given alleged non‑compliance with Section 105 of the B.N.S.S.
- Whether the petitioners' lack of criminal antecedent and custodial duration justify bail.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition
- excise
- illicit liquor
- seizure
- police procedure
- regular bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28227 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran
======================================================
1. Abhijit Hari, S/o Horen Hari, R/o Village - Asansol, P.S. - South, District -
Bardhaman, W. Bangal
2. Rahul Saw, S/o Suraj Saw, R/o Village - Asansol, P.S. - North, District -
Bardhaman, W. Bangal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, 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 regular bail in a
case 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 from a
bogie of train, altogether 85.860 liters of illicit foreign liquor
was recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. They
have been falsely implicated in this case. Nothing has been
recovered from their possession. It has further been submitted
Patna High Court CR. MISC. No.28227 of 2026(2) dt.04-05-2026
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that the witnesses of the seizure list are police personnel. Police
has not complied Section 105 of the B.N.S.S. while making the
seizure. Petitioners are having no criminal antecedent and they
are languishing in judicial custody since 23.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Chapra Rail P.S. Case No. 37 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned 3rd Exclusive Special
Excise Judge, Saran at Chapra.
(Ashok Kumar Pandey, J)
lata/-
U T
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