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Patna High Court

Lakshman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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