Patna High Court
Ajit Kumar @ Ajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted as the seized liquor was not in the petitioner's conscious possession and procedural requirements under the BNSS, 2023 were not complied with.
Summary
Ajit Kumar was arrested on 26‑02‑2026 in connection with Excise Case No. 1316, where 138.240 litres of foreign liquor were seized from a vehicle. The FIR alleged violations of Sections 30(a), 41 and 56(b) of the Bihar Prohibition & Excise Act, 2016. The petitioner argued that the liquor was not in his conscious possession and that the seizure was effected without complying with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, citing two other similar cases pending against the petitioner, one already on bail. The Court, noting the lack of possession and procedural lapses, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence and verification of criminal antecedents. The order directed that bail bonds be accepted without delay for verification.
Issues considered
- Whether bail can be granted when the seized contraband is not in the accused's conscious possession
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants bail
- Effect of pending similar cases on the grant of bail
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- foreign liquor
- possession
- procedural compliance
- Bihar Prohibition & Excise Act
- BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29649 of 2026
Arising Out of PS. Case No.-1316 Year-2026 Thana- Excise P.S. District- Patna
======================================================
Ajit Kumar @ Ajeet Kumar S/o- Shyam Sah Residents of Village- Pakaridih
Pakardiha, Ward No. 2 P.S.- Amnaur, District-Chapra at Saran at present
residing at Gola Road, Near T Point, P.S. Danapur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the State : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Birendra Kumar, learned counsel for the
petitioner and Mr. Tapeshwar Sharma, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
26.02.2026, in connection with Patna Excise P.S. Case No. 1316
of 2026, F.I.R. dated 25.02.2026 registered for the offences
punishable under Sections 30(a), 41 and 56(b) of the Bihar
Prohibition & Excise Act, 2016.
3. Recovery is of 138.240 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent 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
Patna High Court CR. MISC. No.29649 of 2026(2) dt.04-05-2026
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made from the vehicle in question and altogether 138.240 litres
of foreign liquor was recovered from the vehicle in question. It
appears from the F.I.R. as well as 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 26.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries two more cases
of similar nature other than the present one but fairly submits on
the basis of paragraph-3 of the bail petition that the petitioner is
on bail in one case and rest one case is pending for
consideration before the competent court of law.
6. Considering the facts and circumstances of the case
and the fact that 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 Special Judge
Excise 3rd, Patna in connection with Patna Excise P.S. Case No.
1316 of 2026, subject to the following conditions :-
Patna High Court CR. MISC. No.29649 of 2026(2) dt.04-05-2026
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(1) 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.
(2) 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.
(3) 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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