Patna High Court
Hari Govind Kumar @ Hari Gobind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Hari Govind Kumar was arrested on 11 April 2026 in connection with a case involving the alleged possession of 52 litres of illicit spirit, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner contended that the spirit was not in his conscious possession and that the seizure was conducted by police witnesses without complying with Sections 103 and 105 of the Bihar Non‑Statutory Substitution (BNSS) Act, 2023. He also asserted a clean antecedent and claimed false implication. The State opposed bail. The Court, after considering the facts and the alleged procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The bail order was made subject to cancellation if conditions were breached.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the seizure of the illicit spirit complied with the procedural requirements of Sections 103 and 105 of the BNSS Act, 2023.
- Whether the petitioner’s alleged clean antecedent and claim of false implication affect the grant of bail.
Legislation cited
- Bihar Non‑Statutory Substitution Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
Subjects
- bail
- prohibition law
- illicit spirit
- seizure procedure
- criminal antecedent
- Section 30(a)
- BNSS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36865 of 2026
Arising Out of PS. Case No.-121 Year-2026 Thana- ISUAPUR District- Saran
======================================================
Hari Govind Kumar @ Hari Gobind Kumar son of Awadhesh Ram Resident
of Village - Mudwa Erazi Ward no. 11, Ps- Isuapur, Dist- Sran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chetna, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Ms. Chetna, learned counsel for the petitioner
and Mr. Mohammed Arif, learned Additional Public Prosecutor
for the State.
2. Petitioner seeks bail who is in custody since
11.04.2026 in connection with Isuapur P.S. Case No. 121 of
2026, F.I.R. dated 10.04.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 52 liters of illicit Spirit.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. She 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 the recovery of 52 liters of Spirit has been made from the
Patna High Court CR. MISC. No.36865 of 2026(2) dt.16-06-2026
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place of occurrence. It appears from the seizure list that seizure
list witnesses are police personnel so there is non-compliance of
Section 103/105 of the BNSS, 2023. The petitioner is in custody
since 11.04.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 3rd
Exclusive Special Excise Court, Saran at Chapra in connection
with Isuapur P.S. Case No. 121 of 2026 subject to the following
conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
Patna High Court CR. MISC. No.36865 of 2026(2) dt.16-06-2026
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verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, 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)
Vanisha/-
U T
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