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Patna High Court

Brajesh Kumar @ Brijish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Brajesh Kumar was arrested on 13 May 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for the alleged possession of 100 litres of illicit country-made liquor seized from a motorcycle. The petitioner contended that the liquor was not in his conscious possession, that the seizure list was prepared by police witnesses violating Sections 103 and 105 of the BNSS, and that he was falsely implicated. The prosecution opposed bail, citing the petitioner’s presence at the scene, a prior similar criminal antecedent, and the fact that he was already on bail in a related matter. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, physical presence, non‑tampering with evidence, and verification of criminal antecedents. The order directed the lower court to release the petitioner subject to these conditions.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS in the seizure process affects the bail decision.
  • Whether the petitioner’s prior criminal antecedent and presence at the scene warrant denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • seizure
  • criminal antecedent
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37560 of 2026
                         Arising Out of PS. Case No.-261 Year-2026 Thana- PARSA District- Saran
                 ======================================================
                 Brajesh Kumar @ Brijish Kumar S/O Vidya Ray R/O Village- Pojhi, P.O.-
                 Parsa, P.S- Derni, Dist.- Saran at Chapra- 841219.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jeetendra Narayan, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-06-2026                        Heard Mr. Jeetendra Narayan, learned counsel for

                   the petitioner and Mr. Nityanand, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   13.05.2026 in connection with Parsa P.S. Case No. 261 of 2026,

                   F.I.R. dated 11.05.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 100 liters of illicit country made

                   liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent 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
Patna High Court CR. MISC. No.37560 of 2026(2) dt.17-06-2026
                                            2/3




          been made from motorcycle in question. He further submits that

          seizure list witnesses are police personnel so there is non-

          compliance of Section 103 and 105 of BNSS. He further

          submits that the police after investigation submitted the charge

          sheet against the petitioner. The petitioner is in custody since

          13.05.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner was apprehended at the place of

          occurrence and apart from that petitioner carries one criminal

          antecedent other than the present one of similar nature but fairly

          submits on the basis of paragraph-3 of the bail application that

          the petitioner is on bail in the said matter.

                       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 3 rd

          Exclusive special Excise Court, Saran, Chapra in connection

          with Parsa P.S. Case No. 261 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
            Patna High Court CR. MISC. No.37560 of 2026(2) dt.17-06-2026
                                                        3/3




                       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

                      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)
Suruchi/-

U      T


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