Created by Fuzzy Cloud

Patna High Court

Sudhanshu Kumar @ Sidhu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the liquor was not recovered from the petitioners’ conscious possession and there was non‑compliance with statutory seizure provisions.

Summary

The petitioners, Sudhanshu Kumar and Ajay Kumar Pandey, were arrested on 16 April 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act for the alleged possession of 36.22 litres of foreign liquor recovered from a vehicle. The petitioners contended that the liquor was not in their conscious possession, they were not owners of the vehicle, and that the seizure was effected by police witnesses in violation of Sections 103 and 105 of the Bihar Narcotic/Excise Seizure Statute (BNSS), 2023. The State opposed bail, arguing that the recovery was not from the petitioners’ possession and that procedural lapses existed. The Court, noting the petitioners’ clean antecedents and the procedural non‑compliance, granted bail on a bond of Rs. 10,000 each with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The order also directed the lower court to verify the petitioners’ criminal antecedents and to cancel bail if any concealment is discovered.

Issues considered

  • Whether bail should be granted when the seized contraband was not in the accused’s conscious possession.
  • Whether non‑compliance with Sections 103 and 105 of BNSS, 2023 warrants bail.
  • Whether the petitioners can be held liable under Section 30(a) of the Bihar Prohibition & Excise Act despite lack of ownership of the vehicle.

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • procedural lapse
  • conscious possession
  • foreign liquor
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38020 of 2026
                         Arising Out of PS. Case No.-119 Year-2026 Thana- MAKER District- Saran
                 ======================================================
           1.     Sudhanshu Kumar @ Sidhu Kumar son of Hanuman Thakur Resident of
                  village -Jagarnathpur PS -Saraiya District -Muzaffarpur
           2.    Ajay Kumar Pandey @ Golu Pandey Son of Brajram Pandey Resident of
                 village -Jagarnathpur PS -Saraiya District -Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhay Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-06-2026                    Heard Mr. Abhay Kumar Mishra, learned counsel

                   for the petitioners and Mr. Bishweshwar Ram, learned APP for

                   the State.

                                2. Petitioners seek bail, who are in custody since

                   16.04.2026, in connection with Maker P.S. Case No. 119 of

                   2026, F.I.R. dated 15.04.2026                 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition &

                   Excise Act.

                                3. Recovery is of 36.22 litres of foreign liquor.

                                4. Learned counsel for the petitioners submits that the

                   petitioners have clean antecedents and they have been falsely

                   implicated in the present case.               He further submits that it
Patna High Court CR. MISC. No.38020 of 2026(2) dt.19-06-2026
                                            2/3




          appears from the F.I.R. as well as seizure list that nothing has

          been recovered from the conscious possession of the petitioners

          rather recovery has been made from the vehicle in question and

          petitioners are not the owner of the vehicle in question. It

          appears from the F.I.R. as well as seizure list that the seizure list

          witnesses are police personnel so there is non-compliance of

          Sections 103 and 105 of BNSS, 2023 and the petitioners is in

          custody since 16.04.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for             bail of the

          petitioners and submits that nothing has been recovered from

          the conscious possession of the petitioners and petitioners are

          not the owner of the vehicle in question and there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 .

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioners having clean antecedents and

          nothing has been recovered from the conscious possession of

          the petitioners and there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioners, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) each with two sureties of the like amount each to

          the satisfaction of learned 3rd Exclusive Special Excise Court,
               Patna High Court CR. MISC. No.38020 of 2026(2) dt.19-06-2026
                                                           3/3




                         Saran at Chapra in connection with Maker P.S. Case No. 119 of

                         2026, subject to the following conditions :-

                                      (1) Petitioners 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 their absence on two consecutive dates without

                         sufficient reason, their bail bonds shall be cancelled by the

                         Court below.

                                      (2) If the petitioners tamper with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.