Patna High Court
Durgesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that bail should be granted to the petitioner, subject to a bond and conditions, as the circumstances did not warrant continued detention.
Summary
Durgesh Kumar, the owner of a Toyota Etios, was implicated in a case where police seized 175.5 litres of foreign liquor from the vehicle under Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner argued that he was not present at the spot, had no knowledge of the liquor, and possessed a clean antecedent, and therefore sought bail. The State opposed the bail application. The court noted that the petitioner was not apprehended at the time of seizure and no incriminating article was recovered from his possession. Applying Section 482(2) of the B.N.S.S., the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to verification of his criminal antecedent. The order further directed that bail not be delayed for the purpose of verification.
Issues considered
- Whether bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the petitioner’s non‑apprehension at the spot and lack of possession of the liquor justify the grant of bail.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- Bihar Prohibition & Excise Act
- foreign liquor seizure
- vehicle ownership
- criminal antecedent
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34274 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- BAIRGACHHAI District- Araria
======================================================
Durgesh Kumar S/o Maheshwar Prasad Yadav R/o Village- Hulaspatti, Ward
No 04, PS- Phulparas, Distt- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha
For the Opposite Party/s : Mr.Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 19-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in conneciton
with Bairgachhi P.S. Case No. 06 of 2026 registered for the
offences punishable under Section 30(a) of the Bihar Prohibition
& Excise Act.
3. As per the prosecution story which has been lodged
on the basis of the written report submitted by the informant to
the effect that on 15.01.2026 at about 8.30 hours, he along with
police party was on patrolling duty and during course of the
same, when he reached near Mirnijamuddin’s house situated at
the south of N.H. 327L, he saw a golden colour Toyota Etios
GD car bearing Registration No. BR-01BJ-9989 coming from
east direction. When the informant directed to driver to stop the
Patna High Court CR. MISC. No.34274 of 2026(2) dt.19-05-2026
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car, the accused persons tried to flee, but were caught by the
police party. On inquiry, they disclosed their names as Tanmay
Adhikari (Driver) and Shankar Bosak. Upon search, 175.500
litres of foreign liquor was recovered from the said car.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and he has been falsely implicated in
this case, as he is the owner of the said car. The petitioner was
not apprehended at the spot and no incriminating article has
been recovered from his possession. The petitioner was not
aware about the liquor being carried in the car. Moreover, co-
accused Tanmay Adhikari and Shankar Bosak have been granted
regular bail by a Hon’ble Single Judge of this court vide order
dated 26.02.2026 passed in Cr. Misc. No. 14011 of 2026. The
petitioner has got a clean antecedent.
5. The learned A.P.P. for the State opposes the prayer
for bail.
6. Heard the learned counsel for the parties and after
going through the records, it appears that total 175.500 litres of
foreign liquor was recovered from a car. The name of petitioner
transpired during course of investigation. He was not
apprehended at the spot. Considering the same, let the petitioner,
above named, in the event of arrest or surrender within a period
Patna High Court CR. MISC. No.34274 of 2026(2) dt.19-05-2026
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of six weeks, 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-1, Araria in connection with Bairgachhi P.S. Case No. 06
of 2026, subject to the conditions as laid down under Section
482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps 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.
(Ritesh Kumar, J)
vinita/-
U T
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