Patna High Court
Kulvir SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Kulvir Singh was arrested on 4 March 2026 in connection with the seizure of 4,397.04 litres of illicit liquor from a truck, alleged to violate Sections 30(a), 32(1), 32(2) and 41 of the Bihar Prohibition & Excise Act. The petitioner contended that he had no conscious possession of the liquor, was not the owner of the truck, and had a clean criminal record, arguing that the seizure was conducted without compliance with Sections 103 and 105 of the BNSS, 2023. The State opposed bail. The Court, noting the lack of direct possession, the petitioner’s clean antecedent and the procedural irregularities, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Exclusive Special Excise Judge‑II, Khagaria.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the Bihar Prohibition & Excise Act.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants the grant of bail.
- Whether the absence of conscious possession and the petitioner’s clean antecedent justify bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- prohibition act
- procedural lapse
- conscious possession
- excise
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29642 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- PASRAHA District- Khagaria
======================================================
Kulvir Singh S/o- Late Surat Singh R/v- RZ/135, New Roshanpura Uttam
Nagar, Najafgarh South West Delhi Ps- Najafgarth Dist- South West Delhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the State : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Anish Kumar, learned counsel for the
petitioner and Mr. Jai Narain Thakur, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
04.03.2026, in connection with Pasraha P.S. Case No. 45 of
2026, F.I.R. dated 03.03.2026 registered for the offences
punishable under Sections 30(a), 32(1), 32(2), 41 of the Bihar
Prohibition & Excise Act.
3. Recovery is of 4397.04 litres of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioner
rather recovery has been made from the truck in question and
Patna High Court CR. MISC. No.29642 of 2026(2) dt.04-05-2026
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altogether 4397.04 litres of illicit liquor was recovered from the
truck in question. He further submits that the petitioner is not
owner of the truck in question and he has no concern at all with
the alleged recovery of illicit liquor. It appears from the seizure
list that the seizure list witnesses are police personnel so there is
non-compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 04.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
nothing has been recovered from the conscious possession of
the petitioner and there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Judge-II,
Khagaria in connection with Pasraha P.S. Case No. 45 of 2026,
subject to the following conditions :-
(1) One of the bailors should be the family member
of the petitioner.
Patna High Court CR. MISC. No.29642 of 2026(2) dt.04-05-2026
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(2) Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(3) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(4) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Ibrar//-
U T
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