Patna High Court
Abhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners with a bond of Rs 10,000 each and imposed conditions for their release.
Summary
The petitioners, Abhiraj Kumar and Arjun Kumar, were arrested on 23 March 2026 in connection with Excise Case No. 404, alleged to have violated Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016 after 81.375 litres of foreign liquor were seized from a car they did not own. They contended that the seizure was not from their conscious possession and that the police failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023, arguing that these defects warranted bail. The State opposed bail, noting that each petitioner had another pending case, though they were already on bail in those matters. The Court examined the factual matrix, the relevance of the alleged procedural lapses, and the petitioners' criminal antecedents, and concluded that bail could be granted with a bond of Rs 10,000 each and two sureties, subject to strict conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The order directed their release on bail while the conditions remain enforceable.
Issues considered
- Whether bail should be granted when the seized contraband was not in the accused's conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023, justifies denial of bail.
- Whether the existence of other pending cases against the petitioners precludes bail in the present excise matter.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- bail
- excise law
- possession
- seizure
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33449 of 2026
Arising Out of PS. Case No.-404 Year-2026 Thana- Excise P.S. District- Gaya
======================================================
1. Abhiraj Kumar S/o Sanjay Sharma R/o Village- Tankuppa, P.S - Tankuppa,
District- Gaya.
2. Arjun Kumar S/o Sulendra Sao R/o Village - Barh, Betna, P.S - Barh,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niranjan Parihar, Advocate
For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 14-05-2026 Heard Mr.Niranjan Parihar, learned counsel for the
petitioners and Mr.Lakshmi Kant Sharma, learned Additional
Public Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
23.03.2026 in connection with Excise P.S. Case No. 404 of
2026, F.I.R. dated 23.03.2026 registered for the offence
punishable under Sections 30(a) & 32(3) of Bihar Prohibition
and Excise Act, 2016.
3. Recovery is of 81.375 liters of foreign liquor.
4. Learned counsel appearing for the petitioners
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
Patna High Court CR. MISC. No.33449 of 2026(2) dt.14-05-2026
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the petitioners rather the recovery has been made from the car in
question and the petitioners are not the owner of the car in
question. 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 the BNSS, 2023 and the petitioners are
in custody since 23.03.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioners and submits that
the petitioner no. 1 carries one more case and petitioner no. 2
also carries one more case other than the present one but fairly
submits that the petitioners are on bail in the said case, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, let the petitioners,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand)each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court No.IIIrd, Gaya in connection with Excise P.S.
Case No. 404 of 2026, with 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 theri absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.33449 of 2026(2) dt.14-05-2026
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reason, their bail bond shall be cancelled by the Court below.
(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 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)
Nitesh/-
U T
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