Patna High Court
Bipin Kumar @ Vipin Kumar @ Vipin Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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