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Patna High Court

Harikesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to both petitioners upon furnishing a bond of Rs 10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Excise Court.

Summary

The petitioners, Harikesh Kumar and Sunil Kumar Yadav, were arrested in connection with the seizure of 868.320 litres of illicit foreign liquor from a Scorpio vehicle in Siwan. They claimed to be merely the driver and co‑driver and asserted they were unaware of the liquor, noting that no liquor was recovered from their personal possession and that the police had not complied with Section 105 of the BNSS during the seizure. The State opposed bail, highlighting that petitioner No. 1 had a prior similar offence, while petitioner No. 2 had no antecedents. After hearing both sides, the Patna High Court found the circumstances sufficient to grant bail, subject to a bond of Rs 10,000 each with two sureties, and pending satisfaction of the Exclusive Special Excise Court. The order thus enlarged the petitioners on bail.

Issues considered

  • Whether bail should be granted to the accused drivers in a case involving alleged possession of illicit liquor under the Bihar Prohibition and Excise Act.
  • Whether the police complied with procedural requirements, specifically Section 105 of the BNSS, during the seizure.
  • Whether the prior criminal antecedent of petitioner No. 1 precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • seizure
  • police procedure
  • Section 105
  • Bihar Prohibition and Excise Act
  • prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29850 of 2026
                       Arising Out of PS. Case No.-254 Year-2026 Thana- Excise P.S. District- Siwan
                 ======================================================
           1.     Harikesh Kumar S/O Late Yogendra Yadav @ Yogendra Chaudhary
                  Resident of Village - Chhapiya Bujurg, P.S. - Hussainganj, District - Siwan
           2.    Sunil Kumar Yadav S/O Jilajeet Yadav Resident of Village - Chhapiya
                 Bujurg, P.S. - Hussainganj, District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bijay Prakash Singh, Advocate.
                 For the Opposite Party/s :        Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-05-2026                Heard learned counsel for the petitioners and learned APP

                   for the State.

                                2. The petitioners have prayed for bail in connection

                   with Siwan Excise P.S. Case No. 254 of 2026 registered for the

                   offence punishable under Section 30(a) and 47 of the Bihar

                   Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   Scorpio vehicle, altogether 868.320 liters of illicit foreign liquor

                   was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have

                   committed no offence. They have been falsely implicated in this

                   case. He also submits that the petitioners are driver and co-driver
           Patna High Court CR. MISC. No.29850 of 2026(2) dt.07-05-2026
                                                       2/2




                     of the said Scorpio and they were ignorant of the liquor being kept

                     in the Scorpio. He also submits that nothing has been recovered

                     from the possession of the petitioners. The witnesses of the seizure

                     list are police personnel and the police has not complied with

                     Section 105 of the BNSS while making the seizure. Moreover, the

                     petitioners are languishing in judicial custody since 01.04.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that petitioner no. 2 has got no criminal

                     antecedent whereas petitioner no. 1 has criminal antecedent of one

                     case of similar nature.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioners on bail. The above named

                     petitioners are directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                     sureties of the like amount each to the satisfaction of the learned

                     Exclusive Special Excise Court No.II, Siwan in connection with

                     Siwan Excise P.S. Case No. 254 of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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