Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners with conditions, finding no sufficient ground to deny bail.
Summary
Petitioners Rahul Kumar and Sanjit Kumar were arrested on 3 April 2026 in connection with an excise case involving the seizure of large quantities of country‑made liquor and related items. They filed a bail application, claiming innocence and arguing that the seized items were not found in their conscious possession and that the seizure was conducted by excise personnel without complying with Sections 103 and 105 of the BNSS. The prosecution opposed bail, noting that one petitioner had a prior criminal case, though he was already on bail, while the other had a clean record. The court examined the facts, the alleged procedural lapses, and the need to ensure cooperation with the trial. It granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of personal appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that bail should not be delayed for antecedent verification.
Issues considered
- Whether the petitioners are entitled to bail despite alleged procedural violations in the seizure under Sections 103 and 105 of the BNSS.
- Whether the presence of a prior criminal antecedent for one petitioner precludes bail.
- Whether the seizure of liquor and related items, not found in the petitioners' conscious possession, affects bail eligibility.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 30(c), 30(d)
- BNSS — s. 103, 105
Subjects
- bail
- excise
- prohibition
- seizure
- criminal antecedent
- Section 103
- Section 105
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37557 of 2026
Arising Out of PS. Case No.-347 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
1. Rahul Kumar Son of Krishna Paswan Resident of Village- Mahuar Khaira,
P.S.- Barun, District- Aurangabad.
2. Sanjit Kumar @ Sanjit Kumar Paswan Son of Lakshmi Paswan Resident of
Village- Magurahi, P.S.- Risiup, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Ms. Mukul Kumari, learned counsel for the
petitioners and Mr. Arun Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioners seek bail who are in custody since
03.04.2026 in connection with Excise P.S. Case No. 347 of
2026, F.I.R. dated 03.04.2026 for the offences punishable under
Section 30(a), 30(c), 30(d) of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 150.8 litres of country made liquor,
35 litres of spirit, 500 empty bottles, 500 caps, 1000 piece
wrappers of country made liquor, 25 sheets and 1120 stickers
kept in a bag and a punching machine.
Patna High Court CR. MISC. No.37557 of 2026(2) dt.17-06-2026
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4. Learned counsel for the petitioners submits that
petitioners are innocent and they have 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 petitioners. She next
submits that seizure list witnesses are Bihar homegaurd
personnel and excise constable so there is non-compliance of
Section 103 and 105 of BNSS and the petitioners are in custody
since 03.04.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners on the
ground that petitioner no.2 has one criminal antecedent but
fairly submits that he is on bail in the said case and petitioner
no.1 has clean antecedent.
6. Considering the aforesaid facts and circumstances,
let the petitioners, 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
Special Judge, Excise-II, Aurangabad in connection with Excise
P.S. Case No. 347 of 2026, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.37557 of 2026(2) dt.17-06-2026
3/3
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper 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
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Suruchi/-
U T
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