Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners, directing them to furnish bail bonds and sureties.
Summary
The petitioners, Sandeep Kumar and Dharamjeet Kumar, were arrested in connection with the seizure of 1,359 litres of illicit foreign liquor and 120 litres of spirit from a parcel van, alleged violations of sections 30(a) and 33 of the Bihar Prohibition and Excise Act. They contended that they had no possession of the contraband, were falsely implicated, and had no prior criminal record, having been in judicial custody since 14 February 2026. The State opposed the grant of regular bail, arguing the seriousness of the offence. The court examined the lack of an independent witness to the seizure list and the alleged non‑compliance with section 105 of the BNSS in preparing the seizure list. Considering these circumstances, the court decided to enlarge the petitioners on regular bail, directing them to furnish a bail bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Excise Court. The bail order effectively released the petitioners pending trial.
Issues considered
- Whether regular bail should be granted to the accused under sections 30(a) and 33 of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with section 105 of the BNSS in preparing the seizure list warrants bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 33
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- seizure list
- section 105 compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28298 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- Bahera District- Gaya
======================================================
1. Sandeep Kumar S/o Kamal Roy R/o Village- Japharpur, PS- Danapur,
District- Patna
2. Dharamjeet Kumar S/o Ravinder Saw R/o Village- Japharpur, PS- Danapur,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 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 sections 30(a)
and 33 of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a parcel
van, altogether 1359 liters of illicit foreign liquor and 120 liters
of spirit were recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that nothing
has been recovered from the possession of the petitioners. They
Patna High Court CR. MISC. No.28298 of 2026(2) dt.05-05-2026
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have been falsely implicated in this case. They have no concern
with the alleged recovery and also they are unaware of the
alleged consignment. There is no independent witness of the
seizure list rather they police personnel and police has not
complied section 105 of BNSS while preparing the seizure list.
A statement has been made in para-3 of this petition that the
petitioners have got no criminal antecedent. Moreover, they are
languishing in judicial custody since 14.02.2026.
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
Bahera P.S. Case No. 30 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 Exclusive Special
Excise Court No. 5, Gaya.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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