Patna High Court
Roshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Roshan Kumar was arrested on 22 March 2026 for allegedly transporting 139.860 litres of foreign liquor in a Bolero vehicle, violating Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution’s case is based on a police statement that the vehicle was seized en route from West Bengal and the liquor was recovered from the vehicle, not from the petitioner’s personal possession. The petitioner argued that he has a clean antecedent and that the seizure list, prepared solely by police officers, failed to comply with mandatory provisions of Sections 103 and 105 of the BNSS, 2023. The State opposed bail, but the court considered the lack of direct possession, the procedural lapses, and the petitioner’s background. The court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused under the offences under the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023 in the seizure process warrants denial of bail.
- Whether the recovery of liquor from the vehicle rather than from the accused’s personal possession affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- seizure procedure
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30489 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- Roshna District- Katihar
======================================================
Roshan Kumar S/O Chhabo Sahni Resident of Village- Tahlha, Police Station-
Beldaur, District- Khagaria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.03.2026 in connection with Roshna P.S. Case No. 61 of 2026
for the offences punishable under Sections 30(a), 41, 47 of
Bihar Prohibition and Excise Amendment Act, 2022.
3. The case of the prosecution, in brief, is that
Ganesh Prasad Yadav A.S.I. recorded his written statement
alleging inter alia thereby that on 21.03.2026 at about 9.20 A.M.
the informant received an information that a Bolero bearing
Registration No. BR11H-2918 is coming from West Bengal is
carrying liquor, on this information, the informant reached there
and saw that a Bolero was coming towards him recklessly who
was asked to stop but he tried to flee away but was apprehended
Patna High Court CR. MISC. No.30489 of 2026(2) dt.05-05-2026
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and on enquiry the person named himself as Roshan Kumar, on
search a total recovery of 139.860 litres of foreign liquor was
recovered from the aforesaid Bolero. Accordingly a seizure list
was prepared.
4. Learned counsel for the petitioner submits
petitioner has clean antecedent and it appears from the FIR and
seizure list that nothing has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the vehicle in question. It is next submitted that altogether
139.860 litres of foreign liquor was recovered from the vehicle
in question. It is next submitted that from perusal of the seizure
list it appears that the seizure list witnesses are police personnel
so there is non-compliance of mandatory provisions of Sections
103 and 105 of BNSS, 2023 and petitioner is in custody since
22.03.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District
and Additional Sessions Judge, Exclusive Special Excise Court-
Patna High Court CR. MISC. No.30489 of 2026(2) dt.05-05-2026
3/3
II, Katihar in connection with Roshna P.S. Case No. 61 of 2026,
subject to the following conditions:-
i. 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.
ii. If the petitioner tampers 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, 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)
Gaurav Sinha/-
U T
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