Patna High Court
Sukesh kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Sukesh Kumar, was arrested on 23 March 2026 in connection with a case involving the seizure of 107.4 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the liquor was recovered from a location behind a primary school and that he had no conscious possession, and that his name was linked to the case only on suspicion and prior criminal antecedents. The prosecution highlighted three prior criminal cases against him, though he was already on bail for those matters. The court noted that the seizure list witnesses were police personnel, raising a procedural issue under Sections 103 and 105 of the BNSS, 2023, but nonetheless considered the bail application. The judge granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
- Whether procedural lapses in seizure documentation under Sections 103/105 of the BNSS, 2023 affect the bail decision.
Subjects
- bail
- illicit liquor
- prohibition law
- excise
- criminal antecedent
- seizure procedure
- BNSS 2023
- Section 30(a)
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30579 of 2026
Arising Out of PS. Case No.-241 Year-2026 Thana- BANIAPUR District- Saran
======================================================
Sukesh kumar S/O Shri Ram Rai R/O Village- Chetan Chapra, P.S- Baniapur,
Distt.- Chapra (Saran).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Anuj, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Mr. Harsh Anuj, learned counsel for the
petitioner and Mr. Kumar Ranjit Ranjan, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.03.2026 in connection with Baniapur P.S. Case No. 241 of
2026, F.I.R. dated 19.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 107.4 liters of illicit liquor of
different brands.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather on the basis of
Patna High Court CR. MISC. No.30579 of 2026(2) dt.06-05-2026
2/3
secret information the recovery of 107.4 liters of illicit liquor
has been made behind the primary school. He further submits
that the name of the petitioner has been transpired on the basis
of suspicion and his previous criminal antecedents. He next
submits that similarly situated co-accused person, namely, Golu
Kumar has been granted the privilege of bail by this Court vide
order dated 28.04.2026 in Cr. Misc. No. 28691 of 2026. It
appears from the seizure list that the seizure list witnesses are
the police personnel, so there is non-compliance of Section
103/105 of the BNSS, 2023. The petitioner is in custody since
23.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries three criminal antecedents
other than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matters.
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 1st
Exclusive Special Excise Judge Saran at Chapra in connection
Patna High Court CR. MISC. No.30579 of 2026(2) dt.06-05-2026
3/3
with Baniapur P.S. Case No. 241 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)
Suruchi/-
U T
Checking your session…