Patna High Court
Raghav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail, finding that the petitioner lacked direct possession of the liquor and that procedural lapses in the seizure justified release on bail.
Summary
The petitioner, Raghav Kumar, was arrested in connection with the seizure of 14.400 litres of illicit foreign liquor allegedly found on his bike, invoking Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, that the seizure was effected by police without complying with Section 105 of the Bihar Narcotic Substances (B.N.S.S.) Act, and that he was falsely implicated. The State opposed bail, highlighting two prior similar offences against the petitioner. The Court examined the lack of direct possession, procedural irregularities in the seizure, and the petitioner’s custodial status since 4 May 2026. Balancing these factors, the Court ordered the petitioner’s release on regular bail conditioned on a bond of Rs.10,000 with two sureties and a prohibition on future similar offences.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act despite alleged possession of illicit liquor.
- Whether the seizure complied with the procedural requirements of Section 105 of the B.N.S.S. Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. Act — s. 105
Subjects
- bail
- excise law
- illegal liquor
- procedural lapse
- criminal antecedent
- Section 30
- Section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39484 of 2026
Arising Out of PS. Case No.-186 Year-2026 Thana- Excise P.S. District- Saharsa
======================================================
Raghav Kumar S/o- Late Bisho Yadav @ Visho Yadav R/v- Belha W.No-3,
Ps- Saur Bazar Dist- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from
the bike of this petitioner, altogether 14.400 liters of illicit
foreign liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned counsel for the
petitioner has submitted that nothing has been recovered from the
possession of this petitioner. He has no concern with the alleged
liquor. It has further been submitted that the witnesses of the
Patna High Court CR. MISC. No.39484 of 2026(2) dt.30-06-2026
2/2
seizure list are police personnel. Police has not complied
Section 105 of the B.N.S.S. while making the seizure. Petitioner
is languishing in judicial custody since 04.05.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of two
cases of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Saharsa Excise P.S. Case No. 186 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Excursive Special
Judge, Excise-I, Saharsa with the condition that the petitioner
shall not indulge himself in similar nature of offences in
future.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.