Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioners are entitled to bail as the allegations of possession and procedural violations do not justify continued detention.
Summary
Brajesh Kumar and Sumiran Kumar were arrested on 23 February 2026 in connection with an excise case involving the seizure of 100.200 litres of illicit foreign liquor, alleged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. The petitioners contended that the liquor was recovered from a vehicle not owned by them, that they were implicated merely on suspicion, and that the seizure list witnesses being police officers violated Sections 103 and 105 of the Bihar Narcotic Substances and Substances (B.N.S.S.) Act, 2023. The State opposed bail, noting a prior case against one petitioner. The High Court, after hearing counsel, granted bail to both petitioners on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The order directed that bail bonds not be delayed for verification purposes.
Issues considered
- Whether the petitioners are entitled to bail despite being detained on the basis of suspicion and alleged procedural lapses in the seizure.
- Whether the seizure of the liquor complied with Sections 103 and 105 of the B.N.S.S. Act, 2023.
- Whether the petitioners' criminal antecedent warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
- B.N.S.S., 2023 — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- suspicion
- procedural violation
- criminal antecedent
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29674 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- Excise P.S. District- Saran
======================================================
1. Brajesh Kumar S/o- Arjun Pandey R/v- Kishun Nagar Ps- Kanti Dist-
Muzaffarpur
2. Sumiran Kumar S/o- Sudish Pandey R/v- Kishun Nagar Ps- Kanti Dist-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nawal Kishore Singh, Advocate
For the Opposite Party/s : Ms.Rina Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr.Nawal Kishore Singh, learned counsel for
the petitioners and Ms.Rina Sinha, learned A.P.P. for the State.
2. The petitioners seek bail, who are in custody since
23.02.2026 in connection with Sadar Excise P.S.Case No.50 of
2026, F.I.R. dated 22.02.2026 registered for the offence
punishable under Sections 30(a), 32(3) of the Bihar Prohibition
and Excise Act, 2016.
3. Recovery is of 100.200 litres of illicit foreign
liquor.
4. Learned counsel appearing for the petitioners
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
Patna High Court CR. MISC. No.29674 of 2026(2) dt.04-05-2026
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the petitioners rather the recovery has been made from the
vehicle in question and petitioners are not the owner of the
vehicle in question and petitioners have been made accused in
the present case merely on the basis of suspicion. It appears
from the FIR as well as the seizure list that the seizure list
witnesses are police personnel so there is non-compliance of
Sections 103 and 105 of the B.N.S.S. 2023 and the petitioners
are in custody since 23.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioners and submits that petitioner No.1
carries one more case other than the present one and petitioner
No.2 has clean antecedent.
6. Considering the aforesaid fact, let the petitioners,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned 3rd Exclusive Special
Excise Court, Saran at Chapra. in connection with Sadar Excise
P.S.Case No.50 of 2026, with 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
Patna High Court CR. MISC. No.29674 of 2026(2) dt.04-05-2026
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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
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)
Nitesh/-
U T
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