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Patna High Court

Mohan PurveversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the petitioner has a clean antecedent, no conscious possession of the seized liquor, and the prosecution failed to comply with statutory seizure procedures.

Summary

Mohan Purve was arrested on 4 April 2026 in connection with the seizure of 82.2 litres of Nepali liquor alleged to be contravening Sections 274 and 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2016. The petitioner pleaded that he has a clean antecedent, that the liquor was recovered from a house he does not own and that none of it was found in his conscious possession. He further contended that the seizure was effected by police witnesses without complying with Sections 103 and 105 of the B.N.S., 2023, rendering the investigation procedurally defective. The State opposed bail, but the court, after considering the lack of direct possession, the petitioner’s clean record and the alleged procedural lapses, granted bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for cooperation and non‑tampering. The order directed that the bail bond not be delayed for verification of antecedents.

Issues considered

  • Whether the alleged non‑compliance with Sections 103 and 105 of the B.N.S., 2023 warrants granting bail.
  • Whether the fact that the seized liquor was not in the petitioner’s conscious possession and that he is not the absolute owner of the premises affects bail eligibility.
  • Whether a clean criminal antecedent justifies bail despite the seriousness of the offences under the B.N.S. and the Bihar Prohibition & Excise (Amendment) Act.

Legislation cited

Subjects

  • bail
  • procedural compliance
  • seizure
  • clean antecedent
  • excise offences
  • Bihar Narcotic Substances Act
  • provisional liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36597 of 2026
                  Arising Out of PS. Case No.-78 Year-2026 Thana- GHOGHARDIHA District- Madhubani
                 ======================================================
                 Mohan Purve S/o Late Ram Bilash Purbe (Wrongly stated age of the
                 petitioner 70 Years in the impugned order) R/o Village - Ward No. 11, Amahi,
                 P.S - Ghoghardiha, District - Madhubani

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Baleshwar Kamat, Advocate
                 For the Opposite Party/s :      Ms. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-06-2026                     Heard Mr. Baleshwar Kamat, learned counsel for

                   the petitioner and Ms. Veena Kumari Jaiswal, learned APP for

                   the State.

                                2. Petitioner seeks bail, who is in custody since

                   04.04.2026, in connection with Ghoghardiha P.S. Case No. 78

                   of 2026, G.R. No. 177 of 2026 F.I.R. dated 03.04.2026

                   registered for the offences punishable under Sections 274, 275

                   of the B.N.S. and Section 30(a) of the Bihar Prohibition &

                   Excise (Amendment) Act, 2016.

                                3. Recovery is of 82.2 litres of Nepali country made

                   liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.36597 of 2026(2) dt.15-06-2026
                                            2/3




          implicated in the present case.               He further submits that it

          appears from the F.I.R. as well as seizure list that nothing has

          been recovered from the conscious possession of the petitioner

          rather recovery has been made from the house in question and

          petitioner is not the absolute owner of the house in question. It

          appears from the seizure list that the seizure list witnesses are

          police personnel so there is non-compliance of Sections 103

          and 105 of BNSS, 2023 and the petitioner is in custody since

          04.04.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for                    bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          nothing has been recovered from the conscious possession of

          the petitioner and there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Judge Excise Act,

          Jhanjharpur,       District-      Madhubani          in   connection   with

          Ghoghardiha P.S. Case No. 78 of 2026, G.R. No. 177 of 2026,
               Patna High Court CR. MISC. No.36597 of 2026(2) dt.15-06-2026
                                                           3/3




                         subject to the following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below 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 below shall take step 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.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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