Patna High Court
Brajesh Kumar @ Brijish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 103, 105
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
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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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