Patna High Court
Avinash BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to a cash bond, sureties and specified conditions.
Summary
Avinash Bharti and Suraj Kumar Yadav were arrested on 10 March 2026 in connection with an FIR dated 9 March 2026 alleging offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018 for the recovery of 259.20 litres of foreign liquor from a vehicle. The petitioners contended that the liquor was seized from the vehicle and not from their conscious possession, that they were not owners of the vehicle, and that the investigation failed to comply with Sections 103 and 105 of the BNSS. The prosecution opposed bail, highlighting a criminal antecedent of petitioner‑2 and a clean record of petitioner‑1. The High Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused in offences under the Bihar Prohibition and Excise Act, 2018.
- Whether the non‑recovery of the seized liquor from the petitioners' possession and alleged non‑compliance of Sections 103 and 105 of the BNSS justify bail.
- Whether the presence of a criminal antecedent of one petitioner affects the bail decision.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise law
- foreign liquor seizure
- Bihar Prohibition and Excise Act
- criminal antecedent
- Section 103 BNSS
- Section 105 BNSS
- non‑ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29508 of 2026
Arising Out of PS. Case No.-64 Year-2026 Thana- Excise P.S. District- Saran
======================================================
1. Avinash Bharti son of Kauleshwar Bharti Resident of village- Shiuri
Mathiya Ps- Rasulpur Dist- Saran at Chapra
2. Suraj Kumar yadav Son of Rajkumar Yadav Resident of Village- Laubari Ps-
Chainpur Dist- siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Chandra Mohan Jha, learned counsel
for the petitioners and Mr. Bhanu Pratap Singh, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
10.03.2026 in connection with Sadar Excise Saran P.S. Case No.
64 of 2026, F.I.R. dated 09.03.2026 for the offences punishable
under Section 30(a), 32(3) of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 259.20 liters of foreign liquor.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. He further submits that it appears from the
Patna High Court CR. MISC. No.29508 of 2026(2) dt.04-05-2026
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F.I.R. as well as seizure list that nothing has been recovered
from the conscious possession of the petitioners rather the
recovery has been made from vehicle in question and petitioners
are not the owner of the vehicle in question. He further submits
that there is non-compliance of Section 103 and 105 of BNSS
and the petitioners are in custody since 10.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners and
submits that petitioner no.2 carries one criminal antecedent and
petitioner no.1 has clean antecedent.
6. Considering the aforesaid facts and circumstances,
let the petitioners, 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 the learned
3rd Exclusive Special Excise Judge, Saran at Chapra in
connection with Sadar Excise Saran P.S. Case No. 64 of 2026,
subject to the following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.29508 of 2026(2) dt.04-05-2026
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ii. If the petitioners tamper 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
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Suruchi/-
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