Patna High Court
Wakil Kumar @ Vakil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Wakil Kumar, was arrested on 23 February 2026 in connection with the recovery of 100.08 litres of Nepali liquor from a motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, arguing he had no prior criminal record and that the seizure was conducted by police officers without complying with mandatory provisions of Sections 103 and 105 of the BNSS, 2023, making his accusation based merely on suspicion. The State opposed the bail. The court considered the facts, the petitioner’s clean antecedent, and the procedural lapses alleged, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent. The bail bond is to be confirmed by the Exclusive Special Judge Excise‑II, Araria. The order emphasizes that failure to comply with conditions may lead to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, affects the bail application.
- Whether the petitioner’s clean antecedent and the nature of the seizure justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- prohibition
- seizure
- Section 30(a)
- Sections 103
- Sections 105
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33623 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- Excise P.S. District- Araria
======================================================
Wakil Kumar @ Vakil Kumar S/o Amani Yadav Resident of Village- Barhara
P.S.- Narpatganj, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha
For the Opposite Party/s : Mr. Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 14-05-2026 Heard Mr. Gopal Kumar Jha, learned counsel for
the petitioner and Mr. Rana Randhir Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.02.2026 in connection with Araria P.S. Case No. 71 of 2026
for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in brief, is that the
allegation is of recovery of 100.08 liters of nepali liquor from
the motorcycle.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and from perusal of the FIR and
seizure list it appears that altogether 100.08 liters of nepali
liquor has been recovered from the motorcycle which suggests
Patna High Court CR. MISC. No.33623 of 2026(2) dt.14-05-2026
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that nothing has been recovered from the conscious possession
of the petitioner and petitioner has been made an accused in this
case on the basis of suspicion. It is next submitted that from
perusal of the seizure list it appears that the seizure list
witnesses are police personnel so there is non-compliance of
mandatory provisions of Sections 103 and 105 of BNSS, 2023
and petitioner is in custody since 23.02.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
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
Exclusive Special Judge Excise-II, Araria in connection with
Araria P.S. Case No. 71 of 2026, subject to 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 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
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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)
Gaurav Sinha/-
U T
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