Patna High Court
Sahil Kumar @ PadpuriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sahil Kumar, was arrested in connection with a case alleging the seizure of 112 litres of country-made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner claimed innocence, stating that no liquor was found in his possession and that the seizure was conducted without compliance with Section 105 of the B.N.S.S, relying only on a local chowkdiar's statement. He had been in judicial custody since 25 March 2026 and had no prior criminal record. The State opposed the bail application, while the petitioner’s counsel sought regular bail. After hearing both sides, the court found the circumstances warranted bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Court of Excise, Patna.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the seizure of the liquor complied with procedural requirements, specifically Section 105 of the B.N.S.S.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- excise
- seizure
- Section 30(a)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35399 of 2026
Arising Out of PS. Case No.-110 Year-2026 Thana- BYPASS District- Patna
======================================================
Sahil Kumar @ Padpuri son of Umesh Paswan @ Gundwa Resident Of
Village- Karmalichak, Math Par, Ps- Bypass, Dist- patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mithilesh Kumar Arya, Advocate
For the Opposite Party/s : Mr.Arun Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30 (a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The case of the prosecution, in short, is that
altogether 112 litres of country made liquor was recovered from
the bushes.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel further submits that nothing has been recovered from
the possession of this petitioner. Witnesses of the seizure list are
police personnel and police has not complied Section 105 of the
B.N.S.S while making seizure. It has further been submitted that
Patna High Court CR. MISC. No.35399 of 2026(2) dt.21-05-2026
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the name of this petitioner has surfaced in this case on the basis
of statement of local chowkdiar. Moreover, the petitioner is
languishing in judicial custody since 25.03.2026 and bears no
criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Bypass P.S. Case No. 110 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Court of
Excise, Patna City, Patna.
(Ashok Kumar Pandey, J)
vashudha/-
U T
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