Patna High Court
Vakil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances (BNSS) Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
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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