Patna High Court
Harikesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic and Smuggling Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 47
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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