Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted because the seizure was not from the accused’s conscious possession and the prosecution failed to comply with Sections 103 and 105 of the BNSS, 2023.
Summary
The Patna High Court considered bail applications filed by Suraj Yadav and Raja Kumar, who were in custody for alleged offences under Section 11 of the Bihar Narcotic Substances Act (BNSS) and Section 30(a) of the Bihar Prohibition & Excise Act, relating to the recovery of 139.98 litres of foreign liquor. The petitioners argued that the liquor was seized from a garden behind a temple and not from their conscious possession, and that the investigation violated Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting the petitioners had four other pending cases but were already on bail in those matters. The Court observed the lack of possession evidence and procedural lapses, and consequently ordered bail on a bond of Rs 10,000 with two sureties and several conditions. The bail order also directed the lower court to verify the petitioners’ criminal antecedents and allowed cancellation of bail for non‑compliance with conditions.
Issues considered
- Whether bail should be granted when the seized contraband was not found in the accused’s conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023, warrants bail.
- Whether the existence of other pending criminal cases precludes bail in the present matter.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105, 11
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- Section 11 BNSS
- Section 30(a) Bihar Prohibition & Excise Act
- procedural compliance
- seizure of liquor
- non‑possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31231 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- Bhopatpur District- East Champaran
======================================================
Suraj Yadav S/o Upendra Rai Resident of village - Chaube Tola, P.S -
Bhopatpur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 31249 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- Bhopatpur District- East Champaran
======================================================
Raja Kumar S/o Awadhesh Bhagat Resident of village - Chaube Tola, P.S.-
Bhopatpur, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 31231 of 2026)
For the Petitioner/s : Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
(In CRIMINAL MISCELLANEOUS No. 31249 of 2026)
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-05-2026 Heard Mr. Abhishek Kumar, learned counsel for the
petitioners and Mr. Anant Kumar 1, learned APP for the State
(In Cr. Misc. No. 31231 of 2026) and Ms. Harsha Shashwat,
learned counsel for the petitioner and Dr. Kumar Uday Pratap,
learned APP for the State (In Cr. Misc. No. 31249 of 2026).
2. Petitioners seek bail, who are in custody since
Patna High Court CR. MISC. No.31231 of 2026(2) dt.08-05-2026
2/4
12.02.2026 and11.02.2026 respectively, in connection with
Bhopatpur P.S. Case No. 23 of 2026, F.I.R. dated 10.02.2026
registered for the offences punishable under Section 11 of the
B.N.S. and Section 30(a) of the Bihar Prohibition & Excise Act.
3. Recovery is of 139.980 litres of foreign liquor.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. She 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 petitioners rather recovery
has been made from the garden situated behind the
Vishwakarma temple and the petitioners have no role at all in
the present occurrence and petitioners have been made accused
in the present case merely on the basis of suspicion and except
the suspicion, nothing has come during investigation to suggest
the involvement of the petitioners in the present occurrence. It
appears from the seizure list that the seizure list witnesses are
police personnel so there is non-compliance of Sections 103
and 105 of BNSS, 2023 and the petitioners are in custody since
12.02.2026 and 11.02.2026 respectively..
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
Patna High Court CR. MISC. No.31231 of 2026(2) dt.08-05-2026
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petitioners and submits that the petitioners (In Cr. Misc. No.
31231 of 2026 and Cr. Misc. No. 31249 of 2026) carry four
more cases other than the present one but fairly submits on the
basis of paragraph-3 of the bail petition that the petitioners are
in bail in the pending matters.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioners and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioners,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Exclusive
Special Excise Court No. 1, Motihari, East Champaran in
connection with Bhopatpur P.S. Case No. 23 of 2026, subject to
the following conditions :-
(1) Petitioners 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 their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
Patna High Court CR. MISC. No.31231 of 2026(2) dt.08-05-2026
4/4
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Ibrar//-
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