Patna High Court
Mohan PurveversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition & Excise (Amendment) Act, 2016 — s. 30(a)
- B.N.S. — s. 103, 105, 274, 275
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
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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//-
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