Patna High Court
Kundan Kumar RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners with specified conditions.
Summary
The petitioners, Kundan Kumar Ray and Mandip Kumar, drivers of a truck, were arrested in connection with the seizure of 785.5 litres of illicit foreign liquor and charged under Sections 111 and 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. They contended that no liquor was found in their possession, they were unaware of the consignment, and the police had not complied with Section 105 of the BNSS while making the seizure. The State opposed bail, arguing the seriousness of the offence. The Court, after hearing both sides, found merit in the petitioners' claim of lack of knowledge and procedural lapse, and ordered that they be released on bail subject to conditions of cooperation, a near‑relative bailor, and a bond of Rs.10,000 with two sureties each. The bail order was directed to be satisfied before the Exclusive Special Excise Court No. 2, Siwan.
Issues considered
- Whether bail should be granted to the drivers accused of transporting illicit liquor under the Bihar Prohibition and Excise (Amendment) Act and BNS provisions.
- Whether the alleged non‑compliance of Section 105 of the BNSS by the police during seizure warrants bail.
- Whether the drivers' claim of lack of knowledge and absence of personal possession of the contraband negates the presumption of guilt.
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 105, 111, 3(5)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- illicit liquor
- seizure
- Section 105
- drivers
- excise law
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37103 of 2026
Arising Out of PS. Case No.-236 Year-2026 Thana- SIWAN MUFFASIL District- Siwan
======================================================
1. Kundan Kumar Ray S/o Shyam Kumar Ray Resident of Village- Derwa
Mathiya, P.S.- Kesharia, District- Motihari
2. Mandip Kumar S/o Bhola Sahani Resident of Village- Derwa Mathiya, P.S.-
Kesharia, District- Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Siwan Mufassil P.S. Case No.236 of 2026 registered for the
offence punishable under Sections 111 & 3(5) of the BNS and
under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act.
3. The case of the prosecution, in short, is that from a
truck altogether 785.500 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that nothing has been recovered from the
possession of the petitioners. It has been submitted that the
witnesses of the seizure list are police personnel and police have
Patna High Court CR. MISC. No.37103 of 2026(2) dt.18-06-2026
2/2
not complied Section 105 of the BNSS while making seizure. It
has been submitted that the petitioners are driver and co-driver of
the said truck and they were unaware of the consignment. It has
been submitted that the petitioners are having no criminal
antecedent and they are in judicial custody since 24.04.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail with the following
conditions:-
(i) the petitioners shall co-operate in the trial and
(ii) one of the bailors should be near relative of the
petitioners.
7. The above named petitioners are directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten
thousand only) each of them with two sureties of the like amount
each to the satisfaction of the court of learned Exclusive Special
Excise Court No.-2, Siwan in connection with Siwan Mufassil
P.S. Case No. 236 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
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