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Patna High Court

Vakil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the basis of lack of possession, clean antecedent, and procedural non‑compliance.

Summary

Petitioner Kumar was arrested on 1 May 2026 in connection with an excise case involving the seizure of 56.93 litres of illicit liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he had no conscious possession of the liquor, had a clean antecedent, and was falsely implicated, arguing that the seizure was made at the place of occurrence and not from his person. The counsel also highlighted non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023 regarding seizure‑list witnesses. The Additional Public Prosecutor opposed bail, but the court considered the lack of possession, clean record, and procedural lapses. Justice Rajesh Kumar Verma granted 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 antecedents. The bail order was made without delay for antecedent verification.

Issues considered

  • What is the appropriateness of granting bail when the accused has no conscious possession of the seized illicit liquor?
  • Does non‑compliance with Sections 103/105 of the BNSS, 2023 justify bail?
  • Should the petitioner’s clean antecedent influence the bail decision?

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • Section 30
  • procedural compliance
  • clean antecedent
  • BNSS Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39957 of 2026
                     Arising Out of PS. Case No.-33 Year-2026 Thana- Excise Dumraon District- Buxar
                 ======================================================
                 Vakil Kumar S/o Late Brij Prasad Resident of Village- Noniyapura, PS-
                 Krishnabaram, Distt.- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Swarnima, Advocate
                 For the Opposite Party/s :        Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-06-2026                      Heard Ms. Swarnima, learned counsel for the

                   petitioner and Ms. Asha Devi, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   01.05.2026 in connection with Excise Dumraon P.S. Case No.

                   33 of 2026, F.I.R. dated 30.04.2026 for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act,

                   2018.

                               3. Recovery is of 56.930 liters of illicit 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.39957 of 2026(2) dt.30-06-2026
                                            2/3




          rather the recovery has been made from the place of occurrence

          and petitioner has been made accused merely on the basis of

          suspicion. She further submits that the petitioner has no concern

          at all from the recovery of the illicit liquor. It appears from the

          seizure list that seizure list witnesses are police personnel, so

          there is non-compliance of Section 103/105 of the BNSS, 2023.

          The petitioner is in custody since 01.05.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that nothing has been recovered from the conscious possession

          of the petitioner, petitioner has clean antecedent and there is

          non-compliance of Section 103/105 of the 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 the learned Exclusive

          Special Excise Court No. 2, Buxar in connection with Excise

          Dumraon P.S. Case No. 33 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
            Patna High Court CR. MISC. No.39957 of 2026(2) dt.30-06-2026
                                                        3/3




                       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

                       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)
Vanisha/-

U      T


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