Patna High Court
Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
Petitioner Pradeep Kumar applied for bail in a case registered under Section 30(a) of the Bihar Prohibition & Excise Act, alleging that 220.5 litres of illicit Nepali liquor was seized from a sack he allegedly threw. He contended that he was falsely implicated, that no liquor was recovered from his possession, and that the police failed to comply with Section 105 of the Bihar Narcotic & Smuggling (BNSS) Act during the seizure. The State opposed the bail. After hearing both sides, the Court found merit in the petitioner's claim of procedural lapse and lack of direct evidence, and ordered that he be released on bail upon furnishing a 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 the accused in an offence under Section 30(a) of the Bihar Prohibition & Excise Act where the seizure may have been effected without compliance with Section 105 of the BNSS Act.
- Whether the alleged procedural irregularities and lack of possession evidence justify the grant of bail.
Legislation cited
- Bihar Narcotic & Smuggling (BNSS) Act — s. 105
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition & Excise Act
- Section 30(a)
- seizure procedure
- Section 105
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29001 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- JITNA District- East Champaran
======================================================
Pradeep Kumar son of Satyanand Rai Resident of village- Pokhariya Ps-
Ghorasahan District -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Jitna P.S. Case No. 81 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition &
Excise Act.
3. The case of the prosecution, in short, is that
altogether 220.5 liters of illicit Nepali country-made liquor was
recovered from a sack that is alleged to have been thrown by the
petitioner along with others.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.29001 of 2026(2) dt.06-05-2026
2/2
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. Moreover, a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 24.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Excise Judge, Court No.III-I/C, East
Champaran, Motihari in connection with Jitna P.S. Case No. 81
of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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