Patna High Court
Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the petitioner had no conscious possession, the seizure was procedurally defective, and he possessed a clean antecedent.
Summary
Petitioner Pradeep Kumar was arrested on 3 April 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for the alleged possession of 806.39 litres of foreign liquor seized from a vehicle. The petitioner contended that he had no conscious possession of the liquor, was merely seated in the back of the vehicle, and that the seizure violated Sections 103 and 105 of the BNSS, 2023. He also highlighted his clean antecedent and claimed false implication. The State opposed bail, but the Court noted the lack of evidence of possession, procedural lapses, and the petitioner's clean record. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner's criminal antecedent without delaying the release.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offence under the Bihar Prohibition and Excise Act, 2018.
- Whether the seizure of liquor complied with Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner had conscious possession of the seized liquor.
- Whether the petitioner's clean antecedent warrants grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition act
- excise
- foreign liquor
- conscious possession
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40005 of 2026
Arising Out of PS. Case No.-373 Year-2026 Thana- MADHEPURA District- Madhepura
======================================================
Pradeep Kumar S/O Bijli Yadav R/O - Tuniyahi ,Ward No.- 4, P.S -
Madhepura, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-06-2026 Heard Mr. Pooja Prasad, learned counsel for the
petitioner and Mr. Dr. Kumar Uday Pratap, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
03.04.2026, in connection with Madhepura P.S. Case No. 373 of
2026, F.I.R. dated 02.04.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 806.39 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He 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.40005 of 2026(2) dt.29-06-2026
2/3
rather recovery has been made from the Vehicle in question and
petitioner is not the owner of the vehicle in question and
petitioner has been made accused merely on the ground that the
petitioiner was sitting in the back side of the vehicle and he has
no knowledge at all with the alleged recovery of illicit liquor
and the seizure list witnesses are police personnel so there is
non-compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 03.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
nothing has been recovered from the conscious possession of
the petitioner and there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional District and Sessions Judge-
V-cum-Special Judge Excise Act 1st, Madhepura in connection
with Madhepura P.S. Case No. 373 of 2026, subject to the
following conditions :-
Patna High Court CR. MISC. No.40005 of 2026(2) dt.29-06-2026
3/3
(1) 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
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 her
criminal antecedents, 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)
Ibrar//-
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