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Patna High Court

Badal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         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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