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Patna High Court

Bipin Kumar @ Vipin Kumar @ Vipin Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is to be granted to the petitioners subject to a bond of Rs.10,000 and the conditions imposed by the Court.

Summary

Petitioners Bipin Kumar and Chandan Kumar were arrested on 10 March 2026 in connection with an excise case involving the seizure of 155.520 litres of foreign liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. They contended that the liquor was recovered from a vehicle and not from their conscious possession, that they have clean antecedents, and that procedural requirements under Sections 103 and 105 of the BNSS were not complied with. The Additional Public Prosecutor opposed bail. The High Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent. The order directed that bail should not be delayed for verification purposes. The petition was disposed with bail granted subject to the stipulated conditions.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS bars the grant of bail.
  • Whether the fact that the seized liquor was not found in the petitioners' conscious possession influences the bail decision.

Legislation cited

  • BNSS — s. 103, 105

Subjects

  • bail
  • excise offence
  • foreign liquor
  • Section 30(a)
  • procedural compliance
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29530 of 2026
                       Arising Out of PS. Case No.-50 Year-2026 Thana- Excise P.S. District- Bhojpur
                 ======================================================
           1.     Bipin Kumar @ Vipin Kumar @ Vipin Kumar Yadav S/o- Madan Prasad
                  yadav Resident of village- Hussepur Panchrukhiya PS- Sahebganj Dist-
                  Muzaffarpur
           2.    Chandan Kumar S/o- Nandlal Sahni R/v- Rajwada Ps- Musahari Dist-
                 Muzaffarpur

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Anish Kumar, 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. Anish Kumar, 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 Excise Ara (Sadar) P.S. Case No.

                   50 of 2026, F.I.R. dated 09.03.2026 for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise

                   Act, 2018.

                               3. Recovery is of 155.520 liters of foreign liquor.

                               4. Learned counsel for the petitioners submits that

                   petitioners have clean antecedent and they have falsely been

                   implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.29530 of 2026(2) dt.04-05-2026
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          from the 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. 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.

                      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

          Exclusive Special Judge Excise Court No-II, Bhojpur, Ara in

          connection with Excise Ara (Sadar) P.S. Case No. 50 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.

                      ii. If the petitioners tamper with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move
            Patna High Court CR. MISC. No.29530 of 2026(2) dt.04-05-2026
                                                        3/3




                      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/-

U      T


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