Patna High Court
Uday KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Uday Kumar was arrested on 17 February 2026 for alleged possession of 190.355 litres of foreign liquor seized from a train, charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was recovered from the train and he had no conscious possession, arguing that the charge was based merely on suspicion, and pointed to the bail granted to co‑accused Vishal Kumar. The prosecution opposed bail, citing a prior criminal antecedent. The Court examined the bail provisions under Section 100 of the Cr.P.C. and the alleged non‑compliance of Section 103 of the BNSS, and found no sufficient ground to deny bail. Accordingly, the Court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, appearance, non‑tampering of evidence, and verification of antecedents.
Issues considered
- The applicability of bail provisions under Section 100 of the Cr.P.C. to an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of conscious possession and the fact that the seizure was from a train bar the grant of bail.
- Whether the petitioner’s prior criminal antecedent justifies denial of bail.
- Whether non‑compliance of Section 103 of the BNSS affects the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS Act — s. 103
- Criminal Procedure Code — s. 100
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- conscious possession
- criminal antecedent
- Section 30
- Bihar Prohibition and Excise Act
- CrPC Section 100
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32233 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- KATIHAR GRP CASE District- Katihar
======================================================
Uday Kumar S/o Shiv Balak Sahani R/o Larkaniya Tola, Ward No. 19, P.S.-
Katihar Nagar, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-05-2026 Heard Mr. Sanjeev Kumar Singh, learned counsel for
the petitioner and Mr. Humayou Ahmad Khan, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.02.2026 in connection with Katihar Rail P.S. Case No.
33/2025, F.I.R. dated 17.02.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 190.355 liters of foreign liquor from
the general coach of Train No. 15724 standing at Katihar
Railway Station.
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
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conscious possession of the petitioner rather the recovery has
been made from train in question and the petitioner has been
made accused merely on the basis of suspicion. The co-accused
person, namely, Vishal Kumar has been granted bail by the Co-
ordinate Bench of this Court vide order dated 08.04.2026 passed
in Cr. Misc. No. 23251/2026. He further submits that there is
non-compliance of Section 100 of Cr.P.C/103 of BNSS. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 17.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one more criminal antecedent
other than the present one.
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 Court of
Exclusive Special Excise Court-II, Katihar in connection with
Katihar Rail P.S. Case No. 33/2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
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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)
atul/-
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