Patna High Court
Neeraj kumar @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Neeraj Kumar was arrested on 10 May 2026 in connection with a case involving the seizure of 100 litres of illicit semi‑fermented liquor and 30 litres of spirit liquor, alleged offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner filed a bail application, contending that the FIR showed procedural lapses, including non‑compliance with Sections 103 and 105 of the Bihar Narcotic and Substance Substitution (BNSS) Act, 2023, and that he was not apprehended at the scene. The State opposed bail, noting that the petitioner had five other pending cases, though he was on bail in those matters. The Court examined the material and, while noting the procedural issues, decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Exclusive Special Excise Judge, Saran.
Issues considered
- Whether the petitioner is entitled to bail despite alleged procedural violations under Sections 103 and 105 of the BNSS Act, 2023.
- Whether the existence of other pending cases affects the grant of bail in the present offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
Subjects
- bail
- illegal liquor
- prohibition law
- Section 30(a)
- BNSS Act
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38861 of 2026
Arising Out of PS. Case No.-365 Year-2025 Thana- DORIGANJ District- Saran
======================================================
Neeraj Kumar @ Niraj Kumar S/O Late Fagu Mahto Resident of village-
Jagdishpur, PS- Doriganj, district Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Shambhawi, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard Ms.Shambhawi, learned counsel for the
petitioner and Mr.Suresh Prasad Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
10.05.2026 in connection with Doriganj P.S. Case No. 365 of
2025, F.I.R. dated 25.10.2025 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
(Amendment)Act,2022.
3. As per FIR, the police has recovered 100 liters of
illicit semi-fermented liquor which was destroyed by the police
on the spot and also recovered total 30 litres of illicit spirit
liquor from the spot.
4. Learned counsel appearing for the petitioner
submits that from a bare perusal of the FIR it appears that the
Patna High Court CR. MISC. No.38861 of 2026(2) dt.22-06-2026
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police has recovered 100 liters of illicit semi-fermented liquor
which was destroyed by the police on the spot and also
recovered total 30 litres of illicit spirit liquor from the spot.
Further submits from a bare perusal of the FIR it appears that
the seizure list witnesses are police personnel so there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and
petitioner was not apprehended at the place of occurrence and
name of the petitioner has been transpired during investigation
and the petitioner is in custody since 10.05.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
five more cases other than the present one but he fairly submits
that the petitioner is on bail in all the cases, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid fact, 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 learned 3 rd Exclusive Special Excise
Judge, Saran at Chapra in connection with Doriganj P.S. Case
No. 365 of 2025,with 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.38861 of 2026(2) dt.22-06-2026
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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