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Patna High Court

Sukesh kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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


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