Patna High Court
Abhiranjan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Abhiranjan Kumar and Brijlal Kumar, were arrested in connection with a case under Sections 30(a), 32(i)&(iii) and 41(i)&(ii) of the Bihar Prohibition and Excise (Amendment) Act after police recovered 51.600 litres of country‑made liquor from a plastic bag. The petitioners contended that they had no involvement, that nothing was seized from their possession, and that the police failed to comply with Section 105 of the B.N.S.S. while making the seizure. They had been in judicial custody since 13 March 2026 and sought regular bail, while the State opposed the application. After hearing both sides, the Court found merit in the petitioners' claim of procedural irregularity and lack of direct evidence, and ordered that they be released on bail upon furnishing a bond of Rs 10,000 each with two sureties. The order was directed to be complied with by the Exclusive Special Judge Excise No‑II, Kaimur.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise (Amendment) Act for the alleged offences.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure justifies granting bail.
- Whether the evidence on record is sufficient to justify continued detention.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 32(i), 32(iii), 41(i), 41(ii)
- B.N.S.S. Act — s. 105
Subjects
- bail
- excise law
- prohibition
- procedural lapse
- seizure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28925 of 2026
Arising Out of PS. Case No.-129 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
1. Abhiranjan Kumar S/o Ramavatar Mali R/o Village Maharo Kala, P.S.
Mohania, District Kaimur at Bhabua
2. Brijlal Kumar S/o Late Shyamlal Singh R/o village Maharo Khard, P.S.
Mohania, District Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, 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),
32(i) & (iii) and 41(i) &(ii) of the Bihar Prohibition and Excise
(Amendment) Act.
3. The case of the prosecution is that from a plastic bag,
altogether 51.600 liters of country made liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. They have no concern with the alleged liquor. Nothing has
been recovered from their possession. It has further been
Patna High Court CR. MISC. No.28925 of 2026(2) dt.05-05-2026
2/2
submitted that the witnesses of the seizure list are police
personnel. Police has not complied Section 105 of the B.N.S.S.
while making the seizure. They are in judicial custody since
13.03.2026.
5. Learned APP appearing for the State has vehemently
opposed the application for 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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge Excise No.-II, Kaimur at Bhabua in
connection with Prohibition and Excise P.S. Case No. 129 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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