Patna High Court
Navin KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Navin Kumar was arrested in connection with the alleged seizure of 118.260 litres of illicit liquor from a house near a brick kiln, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no possession of the liquor, was not connected with the premises, and that the police had failed to comply with Section 105 of the BNSS while preparing the seizure list. He had been in judicial custody since 12 March 2026 and sought regular bail. The State opposed the bail application. After hearing both sides, the Patna High Court found merit in the petitioner's arguments and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge, Excise, Barh, Patna.
Issues considered
- Whether regular bail can be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act when procedural lapses in the seizure process are alleged.
- Whether the petitioner’s continued judicial custody is justified in view of the alleged non‑compliance with Section 105 of the BNSS.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- procedural lapse
- Section 105 BNSS
- judicial custody
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30849 of 2026
Arising Out of PS. Case No.-68 Year-2026 Thana- ATHMALGOLA District- Patna
======================================================
Navin Kumar S/O Sanjay Singh R/O Village- Hasancha, P.S.-Athmalgola,
Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan Ray, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from karkat
house near a brick kiln, altogether 118.260 liters of illicit liquor
was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. Learned counsel
has submitted that he has no concern either with the alleged
house or with the alleged recovery of liquor. The witnesses of
Patna High Court CR. MISC. No.30849 of 2026(2) dt.07-05-2026
2/2
the seizure list are police personnel and police has not complied
Section 105 of BNSS while preparing seizure list. Moreover, he
is languishing in judicial custody since 12.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Athmalgola P.S. Case No. 68 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
Excise, Barh, Patna.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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