Patna High Court
Sarvan Kumar @ Sharwan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to strict conditions.
Summary
The petitioner, Sarvan Kumar, was arrested on 1 April 2026 in connection with a case involving the seizure of 405 litres of illicit foreign liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He contended that he had no conscious possession of the liquor, was not the driver of the vehicle from which it was seized, and that the seizure violated Sections 103 and 105 of the BNSS, 2023. The Additional Public Prosecutor opposed bail, arguing the seriousness of the offence. The court examined the facts, the petitioner’s clean antecedent, and the procedural irregularities alleged, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and verification of antecedents. The order also empowered the trial court to cancel bail if the petitioner tampered with evidence, witnesses, or concealed his criminal record.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the seizure of the liquor complied with Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify granting bail despite the seriousness of the offence.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- illicit liquor
- prohibition law
- excise
- Section 30
- BNSS
- criminal antecedent
- seizure compliance
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36912 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- HATHAURI District- Samastipur
======================================================
Sarvan Kumar @ Sharwan Kumar S/O Bhola Ray R/O Chandsarai, P.S-
Jandaha, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Surya Narayan Kumar, learned counsel
for the petitioner and Mr. Ashok Kumar Singh learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.04.2026 in connection with Hathauri P.S. Case No. 19 of
2026, F.I.R. dated 01.04.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 405 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
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
the recovery has been made from the pickup van in question and
Patna High Court CR. MISC. No.36912 of 2026(2) dt.16-06-2026
2/3
petitioner is not the driver of the said vehicle. He further
submits that the petitioner has no concern at all from the
recovery of the illicit liquor. It appears from the seizure list that
there is non-compliance of Section 103/105 of the BNSS, 2023.
The petitioner is in custody since 01.04.2026.
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 Exclusive
Special Judge (Excise) First, Samastipur, in connection with
Hathauri P.S. Case No. 19 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.
Patna High Court CR. MISC. No.36912 of 2026(2) dt.16-06-2026
3/3
iii. 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 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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