Patna High Court
Purushottam KumarversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is to be granted to the petitioner subject to conditions, as there is no evidence of conscious possession, a clean antecedent, and procedural lapses in the seizure.
Summary
Petitioner Purushottam Kumar was arrested on 13-04-2026 in connection with an Excise case for alleged possession of 79.5 litres of illicit liquor seized from a room he rented. He contended that the liquor was not in his conscious possession, the premises belonged to the landlord, and that the seizure list witnesses were police, violating Sections 103 and 105 of the Bihar Non‑Compliance of Seizure Act, 2023. The prosecution opposed bail, but the court noted the petitioner’s clean antecedent, lack of direct possession, and procedural non‑compliance. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s criminal antecedent without delaying the release.
Issues considered
- Whether bail should be granted when the accused is not in conscious possession of the seized liquor
- Whether non‑compliance of Sections 103/105 of the Bihar Non‑Compliance of Seizure Act, 2023, warrants bail
- Whether the petitioner’s clean antecedent influences the bail decision
Legislation cited
- Bihar Non‑Compliance of Seizure Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- illicit liquor
- procedural non‑compliance
- clean antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40760 of 2026
Arising Out of PS. Case No.-1128 Year-2026 Thana- Excise P.S. District- East Champaran
======================================================
Purushottam Kumar S/O Sri Dharmendra Patel @ Dharmendra Raut R/O Vill-
Panapur Bajar, P.s- Harsidhi, District-East Champaran
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard Mr. Prateek Tandon, learned counsel for the
petitioner and Mr. Arun Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
13.04.2026 in connection with Excise P.S. Case No. 1128 of
2026, F.I.R. dated 13.04.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 79.500 liters of illicit Indian foreign
liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. As per the allegation in the FIR,
the petitioner has rented room from Rameshwar Patel and police
have raided the said rented room and recovered 79.500 liters of
Patna High Court CR. MISC. No.40760 of 2026(2) dt.30-06-2026
2/3
illicit liquor. He further submits that the house in question does
not belong to the petitioner and same is of Rameshwar Patel. It
appears from the seizure list that the 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
13.04.2026.
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, East Champaran at Motihari in
connection with Excise P.S. Case No. 1128 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
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.40760 of 2026(2) dt.30-06-2026
3/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.