Patna High Court
Nagendra KumarversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to both petitioners, directing them to furnish a bond of Rs.10,000 each with two sureties.
Summary
The petitioners, Nagendra Kumar and Sunil Kumar, were arrested in connection with the alleged seizure of 150 litres of illicit country-made liquor from a bike, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were innocent passers‑by, that no liquor was recovered from their possession, and that the police failed to comply with Section 105 of the BNSS while making the seizure. The State opposed their bail, arguing the seriousness of the offence. After hearing both sides, the Court found merit in the petitioners' claim of procedural irregularities and lack of direct evidence against them. Consequently, the Court ordered that both petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether bail should be granted to persons accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the alleged illicit liquor complied with the procedural requirements of Section 105 of the BNSS.
- Whether the petitioners pose a flight risk or risk of tampering with evidence.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- Section 30(a)
- police seizure procedure
- Section 105 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30425 of 2026
Arising Out of PS. Case No.-377 Year-2026 Thana- ALAMGANJ District- Patna
======================================================
1. Nagendra Kumar S/O Bhagwan Mahto R/O Chaukiya, Ps.- Ganga Bridge,
Dist.- Vaishali, Bihar.
2. Sunil Kumar S/O Late Mahesh Mahato R/O Jadua Pool, Ps.- Town, Dist.-
Vaishali, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nikhil Kumar Singh, Advocate.
For the Opposite Party/s : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 22-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners has prayed for bail registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from a
bike, altogether 150 liters of illicit country-made liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioners have submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.30425 of 2026(3) dt.22-06-2026
2/2
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. He further
submits that the petitioners are merely a passer-by and they
were apprehended by the police and have been framed in the
present case. Moreover, a statement has been made in para 3 of
the petition that petitioners have no criminal antecedent and
they are languishing in judicial custody since 18.04.2026.
5. The application for bail is opposed by learned APP
for the State.
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, Patna City in connection with
Alamganj P.S. Case No. 377 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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