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Patna High Court

Roshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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