Patna High Court
Akhilesh Kumar VermaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Akhilesh Kumar Verma was arrested as a passenger in a van from which 466.560 litres of illicit liquor were seized, and charged under sections 30(a), 32(3) and 41(i)(ii) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no possession of the liquor, was merely taking a lift, and that the seizure list was prepared without any independent witness and in violation of Section 105 of the BNSS. He also highlighted his lack of criminal antecedents and that he had been in judicial custody since 25‑02‑2026. The State opposed the bail application. After hearing both sides, the court found merit in the petitioner's arguments and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, to the satisfaction of the Special Excise Officer.
Issues considered
- Whether regular bail should be granted to the accused under the Bihar Prohibition and Excise Act in view of the alleged procedural irregularities and his claim of non‑involvement.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3), 41(i), 41(ii)
- BNSS — s. 105
Subjects
- bail
- excise
- illicit liquor
- seizure procedure
- Bihar Prohibition and Excise Act
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28273 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Akhilesh Kumar Verma S/o- Rajendra Verma @ Rajendra Prasad Verma R/V-
Jharkataha Purwa Baghmariya PS- Reoti District-Balliya UP
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nupur, Advocate
For the Opposite Party/s : Mrs. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30(a),
32(3), 41(i) (ii) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a van,
altogether 466.560 of illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. He has been
falsely implicated in this case. He has no concern either with the
alleged recovery of liquor or with the van in question. Petitioner
was just a passenger of that van and he had taken lift. There is
Patna High Court CR. MISC. No.28273 of 2026(2) dt.04-05-2026
2/2
no independent witness of the seizure list rather they are police
personnel. Police has not followed Section 105 of BNSS while
preparing the seizure list. Moreover, he is languishing in judicial
custody since 25.02.2026 and he is having no criminal
antecedent.
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 petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Sadar Excise P.S. Case No. 54 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise No. 3, Saran at Chapra.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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