Patna High Court
Badal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to specified conditions.
Summary
Badal Kumar, a driver, was arrested on 28 February 2026 in connection with the seizure of 90 litres of foreign liquor alleged to be in violation of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioner argued that the liquor was recovered from the vehicle and not from his conscious possession, and that he has a clean antecedent. The State opposed bail. The Court examined the claim of lack of conscious possession, the petitioner’s clean record, and the procedural compliance of the seizure. Finding no material reason to deny bail, the Court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent but prohibited delay in granting bail for that purpose.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 given the circumstances of the seizure.
- Whether the seizure of liquor from the vehicle, without proof of conscious possession, justifies continued detention.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, affects the bail application.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- foreign liquor
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- clean antecedent
- driver
- seizure
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28869 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- Excise P.S. District- Bhojpur
======================================================
Badal Kumar Son of Rambabu Rai Resident of Sakin - Dhirachak, Anisabad,
P.S.- Gardanibagh, District - Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Singh, Advocate
For the Opposite Party/s : Ms.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr.Saurav Singh, learned counsel for the
petitioner and Ms.Pronoti Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
28.02.2026 in connection with Sadar Excise (Ara) P.S. Case
No. 47 of 2026, F.I.R. dated 27.02.2026 registered for the
offence punishable under Section 30(a) of Bihar Prohibition
and Excise Amendment Act, 2018.
3. Recovery is of 90 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Further submits
that it appears from the FIR as well as the seizure list that
nothing has been recovered from conscious possession of the
petitioner rather the recovery has been made from the vehicle in
question and petitioner is driver of the vehicle in question and
Patna High Court CR. MISC. No.28869 of 2026(2) dt.28-04-2026
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he has no concern at all with the alleged recovery of illicit liquor
and seizure list witnesses are police personnel so there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 28.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact and petitioner has
clean antecedent, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Special Excise Judge-II, Bhojpur, Ara in connection
with Sadar Excise (Ara) P.S. Case No. 47 of 2026, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
Patna High Court CR. MISC. No.28869 of 2026(2) dt.28-04-2026
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verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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