Patna High Court
Lakshman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioners on the condition of a Rs.10,000 bond with two sureties each.
Summary
The petitioners, Lakshman Kumar and Bhola Kumar, were arrested as driver and occupant of a car from which 65.280 litres of foreign liquor was seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. They contended that the liquor was not in their conscious or physical possession, that the seizure was conducted without an independent witness, thereby violating mandatory seizure provisions, and that they had no prior criminal record. The High Court examined the FIR, seizure list, and the alleged procedural lapses, noting the absence of compliance with statutory seizure requirements. Considering the lack of evidence of possession, the procedural irregularities, and the petitioners' clean antecedent, the Court decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount, pending further proceedings in the Excise case.
Issues considered
- Whether bail should be granted to the accused when the seizure of foreign liquor allegedly violated mandatory procedural provisions and there is no proof of possession.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- seizure procedure
- foreign liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- procedural irregularities
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33678 of 2026
Arising Out of PS. Case No.-127 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
1. Lakshman Kumar S/O Late Bhagwan Bind R/o Village - Beda More, P.S. -
Sasaram(Town), Dist. - Rohtas.
2. Bhola Kumar S/o Umesh Bind R/o Village - Beda More, P.S. -
Sasaram(Town), Dist. - Rohtas.
... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party.
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 10-06-2026 Heard learned counsel for the petitioners and learned
APP for the State through virtual mode.
2. The petitioners seek bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, 2018.
3. Perusal of the first information report and the seizure
list, would go to show that 65.280 liters of foreign liquor is said
to have been recovered from a car and the petitioners are said to
be driver and occupant of the said car.
4. It is submitted by learned counsel for the petitioners
that there is no recovery from the conscious or physical
possession of the petitioners. There is no independent witness to
the search and seizure violating the mandatory provisions of
seizure. Petitioners have no criminal antecedent and have been
Patna High Court CR. MISC. No.33678 of 2026(3) dt.10-06-2026
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languishing in custody since 11.03.2026.
5. Taking into consideration the fact and
circumstances of the case and also considering the fact that there
is non-compliance of the mandatory provisions of seizure
coupled with the fact that the petitioners have no criminal
antecedent, the above named petitioners are directed to be
enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the learned Court below where the case is
pending/successor Court in connection with Excise P.S. Case
725 of 2026.
(Soni Shrivastava, J)
Trivedi/-
U T
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