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Patna High Court

Akhilesh Kumar VermaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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