Patna High Court
Satyam Kumar Jha @ Satyam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, given the petitioner’s clean antecedent and the non‑compliance of procedural provisions, bail must be granted.
Summary
The petitioner, Satyam Kumar Jha, was arrested on 25 April 2026 in connection with a case involving the alleged illegal possession of 207 litres of Nepali Dilwale liquor recovered from a motorcycle and 48 litres recovered from his person, under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2016. The petitioner’s counsel argued that he had no conscious possession, that the liquor was planted, and that the police failed to comply with Sections 103 and 105 of the BNSS, 2023, while also highlighting his clean antecedent. The State opposed bail. The court examined the factual matrix, the alleged procedural lapses, and the petitioner’s clean record, and concluded that bail was appropriate. Accordingly, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s antecedent but prohibited delay in accepting the bail bond.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2016 for alleged offences under Sections 30(a) and 32.
- Whether the seizure of liquor constitutes conscious possession by the petitioner and whether Sections 103 and 105 of the BNSS, 2023 were complied with.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30, 32
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illegal liquor
- prohibition law
- excise law
- conscious possession
- procedural compliance
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39897 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- FULKAHA District- Araria
======================================================
Satyam Kumar Jha @ Satyam Kumar S/o- Sushil Kumar Jha @ Susheel
Kumar Jha R/v- Nathpur W.No-9, Ps- Narpatganj Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr.Mukesh Kumar Rana, learned counsel for
the petitioner and Mr.Sanjay Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
25.04.2026 in connection with Fulkaha P.S. Case No. 85 of
2026, F.I.R. dated 24.04.2026 registered for the offence
punishable under Sections 30(a), 32 of Bihar Prohibition and
Excise Act, 2016.
3. Recovery is of 207 liters of Nepali Dilwale liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR as well as the seizure list that nothing has been
recovered from conscious possession of the petitioner rather the
recovery has been made from the motorcycle in question and
Patna High Court CR. MISC. No.39897 of 2026(2) dt.23-06-2026
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total 207 liters of Nepali Dilwale liquor was recovered from the
motorcycle in question and 48 liters of illicit liquor was
recovered from possession of the petitioner. Learned counsel for
the petitioner submits that nothing has been recovered from
conscious possession of the petitioner rather the police has
planted the same and shown the recovery has been made from
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of BNSS, 2023 and the petitioner is in
custody since 25.04.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent and there is non-compliance of Sections 103 and 105
of BNSS, 2023, 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 Exclusive Special Judge, Excise-II, Araria in connection
with Fulkaha P.S. Case No. 85 of 2026, 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
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.39897 of 2026(2) dt.23-06-2026
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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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