Patna High Court
Subhash Kumar @ Subhash MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, finding no substantive link to the seized liquor and noting violations of the procedural provisions of the BNSS.
Summary
The petitioner, Subhash Kumar, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act where 82.88 litres of illicit liquor were recovered from open places. He claimed innocence, asserting no link to the seized liquor and that the police failed to follow Sections 103 and 105 of the Bhartiya Nagarik Suraksha Sanhita while making the seizure list. The State opposed the bail application. The Court examined the facts, noted the lack of connection between the petitioner and the liquor and the procedural lapses in the seizure, and consequently granted anticipatory bail under Section 438 of the CrPC with specific conditions. The bail order required a bond of Rs.10,000 with two sureties and compliance with conditions regarding appearance, non‑tampering with witnesses, and refraining from further offences. The order was directed to be executed by the Exclusive Special Judge, Excise Court‑II, Bettiah.
Issues considered
- Whether the petitioner is sufficiently connected to the seized illicit liquor to deny anticipatory bail.
- Whether the police complied with Sections 103 and 105 of the Bhartiya Nagarik Suraksha Sanhita in making the seizure list.
- Whether anticipatory bail can be granted under Section 438 of the Code of Criminal Procedure in the present circumstances.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 103, 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- prohibition act
- seizure procedure
- Section 103
- Section 105
- Section 438
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33965 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- SRINAGAR District- West Champaran
======================================================
Subhash Kumar @ Subhash Mukhiya S/o Late Chokat Mukhiya Resident of
Village- Siswa Mangalpur, ward no. 12, P.S.- Srinagar, District- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar Sharma, Adv.
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State through
virtual mode.
2. The petitioner is apprehending his arrest in
connection with Srinagar P.S. Case No. 67 of 2026 registered
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, altogether 82.88 liters of
illicit liquor has been recovered from two different places.
4. Learned counsel for the petitioner submits that
petitioner is innocent, has committed no offence and has falsely
been implicated in the present case. It is submitted that recovery
is made from two different open places which is accessible to
all. Petitioner has four antecedents but not akin to the instant
Patna High Court CR. MISC. No.33965 of 2026(2) dt.21-05-2026
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case in which he is on bail and undertakes to cooperate with the
investigation. It has further been submitted that the petitioner is
in no way related to seized liqour. The name of petitioner has
been transpired in this case on the basis of statement made by
local chowkidar. Police have not followed the Section 103 and
105 of BNSS while making the seizure list.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
and that the recovery is made from an open place, petitioner is
not connect with the seized liqour and there is violation of
Section 103 and 105 of BNSS, this Court is inclined to grant the
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, 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 the learned Exclusive Special Judge, Excise
Court-II, Bettiah at West Champaran in connection with
Srinagar P.S. Case No. 67 of 2026, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.33965 of 2026(2) dt.21-05-2026
3/3
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
Abhishek/-
U T
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