Patna High Court
Subham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to specified conditions.
Summary
Subham Kumar was arrested on 9 April 2026 in connection with an excise case involving the seizure of 495 litres of country‑made liquor. He is charged under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2018. The petitioner’s counsel argued that he has a clean antecedent, was not the owner or driver of the vehicle from which the liquor was seized, and that the prosecution failed to comply with Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail. The High Court, noting the petitioner’s clean record and the alleged procedural lapses, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence, and ordered verification of his antecedent.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the circumstances of his arrest.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS warrants bail.
- Whether the petitioner’s lack of ownership or control over the seized vehicle affects his liability.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32(3), 41(1), 41(2)
- BNSS — s. 103, 105
Subjects
- bail
- excise offence
- seizure of liquor
- clean antecedent
- procedural non‑compliance
- Bihar Prohibition and Excise Act
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38704 of 2026
Arising Out of PS. Case No.-372 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Subham Kumar S/o Late Hajari Paswan R/o Village- Gamhariya, P.S- Mali,
Dist- 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. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard Ms. Mukul Kumari, learned counsel for the
petitioner and Mr. Mritunjay Kumar Nirala, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.04.2026 in connection with Excise P.S. Case No. 372 of
2026, F.I.R. dated 08.04.2026 for the offences punishable under
Section 30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition
and Excise Act, 2018.
3. Recovery is of 495 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has 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 petitioner
Patna High Court CR. MISC. No.38704 of 2026(2) dt.22-06-2026
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rather the recovery has been made from vehicle in question and
the petitioner is neither the owner nor the driver of the vehicle in
question. She further submits that there is non-compliance of
Section 103 and 105 of BNSS. The petitioner is in custody since
09.04.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
as well as the fact that petitioner has clean antecedent and there
is non compliance of Section 103 and 105 of BNSS, 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 Special Judge
of Excise-II, Aurangabad in connection with Excise P.S. Case
No. 372 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
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
Patna High Court CR. MISC. No.38704 of 2026(2) dt.22-06-2026
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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
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