Patna High Court
Utpalkant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioners with conditions, as no conscious possession was established and they have a clean antecedent.
Summary
Petitioners Utpalkant Kumar and Neeraj Kumar were arrested on 11 April 2026 in connection with an excise case involving the seizure of 69.120 litres of foreign liquor from a vehicle. They contended that the liquor was not in their conscious possession and that they were not the owners of the vehicle, asserting a clean criminal record. The State opposed bail, citing offences under Sections 30(a), 32(2) and 32(3) of the Bihar Prohibition and Excise Act, 2018. The Court noted the absence of direct possession, the petitioners' clean antecedent, and imposed conditions to ensure cooperation with the trial and prevent tampering with evidence. Consequently, the Court granted bail on a bond of Rs. 10,000 with two sureties, subject to specific conditions, and ordered the lower court to verify the petitioners' antecedent without delaying bail.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a), 32(2) and 32(3) of the Bihar Prohibition and Excise Act, 2018 when the seized liquor was not in their conscious possession.
- Whether the petitioners' clean criminal antecedent warrants bail despite the seriousness of the excise offences.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32(2), 32(3)
Subjects
- bail
- excise law
- foreign liquor
- possession
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32672 of 2026
Arising Out of PS. Case No.-135 Year-2026 Thana- Excise P.S. District- Buxar
======================================================
1. Utpalkant Kumar S/o Gaurishankar Ray Resident of Village- Mohanpur,
Police station- Mohanpur, District- Samastipur
2. Neeraj Kumar S/o- Awadhesh Ray Resident of Village- Mohanpur, Police
station- Mohanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Ashutosh Kumar, learned counsel for
the petitioners and Mr. Kalyan Shankar, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
11.04.2026 in connection with Excise Buxar P.S. Case No. 135
of 2026, F.I.R. dated 11.04.2026 for the offences punishable
under Section 30(a), 32(2), 32(3) of the Bihar Prohibition
and Excise Act, 2018.
3. Recovery is of 69.120 liters of foreign liquor of
different brands.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
Patna High Court CR. MISC. No.32672 of 2026(2) dt.13-05-2026
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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 petitioners
rather the recovery has been made from the vehicle in question
and petitioners are not the owner of the vehicle in question and
the petitioners are in custody since 11.04.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
the petitioners have clean antecedent and nothing has been
recovered from the conscious possession of the petitioners, let
the petitioners, 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 Exclusive
Special Excise Judge-02, Buxar in connection with Excise
Buxar P.S. Case No. 135 of 2026, subject to the following
conditions:-
i. 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 bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.32672 of 2026(2) dt.13-05-2026
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ii. If the petitioners tamper 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, 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)
Suruchi/-
U T
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