Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the seized liquor was not in the petitioner's conscious possession and procedural lapses under the BNSS, 2023 do not preclude bail.
Summary
Satish Kumar was arrested on 26 January 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged possession of 46.92 litres of foreign liquor seized from his house. The petitioner argued that the liquor was not in his conscious possession, that the seizure violated Sections 103 and 105 of the BNSS, 2023, and that he was not the exclusive owner of the premises. The State opposed bail, noting a similar pending case, though the petitioner was already on bail in that matter. The court examined whether the lack of conscious possession and procedural lapses justified granting bail. It granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the seized contraband was not in the petitioner's conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 bars bail.
- Whether the existence of another similar case affects the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure
- conscious possession
- BNSS 2023
- Section 30
- conditions of bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33451 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- SALIMPUR District- Patna
======================================================
Satish Kumar S/o Late Ram Lakhan Singh R/o Village - Narauli, P.s. -
Salimpur, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr.Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 14-05-2026 Heard Mr.Rakesh Bihari Singh, learned counsel for
the petitioner and Mr.Raj Kishor Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
26.01.2026 in connection with Salimpur P.S. Case No. 26 of
2026, F.I.R. dated 24.01.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act, 2016.
3. Recovery is of 46.92 liters of foreign made liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as seizure list that
nothing has been recovered from conscious possession of the
petitioner rather the recovery has been made from the house of
the petitioner and the petitioner is not the exclusive owner of the
Patna High Court CR. MISC. No.33451 of 2026(2) dt.14-05-2026
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house in question and the seizure list witnesses are police
personnel so there is non-compliance of Sections 103 and 105 of
BNSS, 2023 and police after investigation submitted the
chargesheet against the petitioner and the petitioner is in custody
since 26.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the recovery has been
made from the house of the petitioner, apart from that, the
petitioner carries one more case other than the present one of
similar nature but fairly submits that the petitioner is on bail in
the said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact and nothing has been
recovered from conscious possession of the petitioner, 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 learned Exclusive Special
Judge Excise, Barh, Patna in connection with Salimpur P.S.
Case No. 26 of 2026, with the following conditions:-
(I) Petitioner 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 his/her absence on two consecutive dates without sufficient
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reason, his/her 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)
Nitesh/-
U T
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