Patna High Court
Brijesh Kumar @ Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court ordered the release of the petitioners on regular bail.
Summary
The petitioners, Brijesh Kumar and Bhushan Paswan, were charged under section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 219 litres of Nepali liquor seized from three persons. They contended that they were falsely implicated, that no liquor was found in their conscious possession, and that the seizure violated mandatory provisions of Section 105 of the BNSS. The petitioners had been in judicial custody since 12 February 2026 and had no prior criminal record. The State opposed bail, but the court, considering the lack of direct possession, procedural irregularities, and the petitioners' clean antecedents, granted regular bail. Each petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Judge.
Issues considered
- Whether bail should be granted to accused persons under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 105 of the BNSS at the time of seizure warrants bail.
- Whether the absence of conscious possession and lack of prior criminal antecedents justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- procedural lapse
- possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28942 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- CHHAURADANO District- East
Champaran
======================================================
1. Brijesh Kumar @ Dinesh Kumar S/O Manoj Singh R/O Vill.- Sukhahiya,
P.s.- Darpa, District- East Champaran
2. Bhushan Paswan S/O Suraj Paswan R/O Vill.- Harizan Tola, P.s.- Darpa,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Braj Kishore Pd.(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 section 30 (a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in brief, is that a total of 219
litres of Nepali country-made liquor was allegedly recovered
from three persons.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
Patna High Court CR. MISC. No.28942 of 2026(2) dt.05-05-2026
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these petitioners. It is further submitted that the witnesses to the
seizure list are all police personnel, and the mandatory
provisions of Section 105 of the BNSS have not been complied
with at the time of seizure. Moreover, the petitioners are
languishing in judicial custody since 12.02.2026 having no
criminal antecedent.
5. Learned APP has vehemently opposed the prayer
for bail of the petitioners.
6. Considering the aforesaid 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 Chhauradano P.S. Case No. 45 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 Judge, Civil Court No. 2, East
Champaran, Motihari.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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