Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as the petitioner has a clean antecedent, is not the owner of the tempo, and there is non‑compliance with statutory seizure provisions.
Summary
Akhilesh Kumar, a driver of a tempo, was arrested on 8 May 2026 in connection with a case involving the seizure of 600 litres of country‑made liquor. He was charged under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he has a clean antecedent, was not the owner of the tempo, and that the liquor was not found in his conscious possession; he also contended that the seizure was recorded by police witnesses, violating Sections 103 and 105 of the BNSS. The State opposed bail. The court, noting the procedural lapses and the petitioner’s lack of ownership and clean record, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions for cooperation and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner given the charges under Sections 274, 275 of BNSS and Section 30(a) of the Bihar Prohibition and Excise Act
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants bail
- Whether the petitioner’s role as driver without ownership of the tempo justifies bail
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105, 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illegal liquor
- seizure
- procedural compliance
- driver liability
- BNSS
- Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41676 of 2026
Arising Out of PS. Case No.-216 Year-2026 Thana- BIDUPUR District- Vaishali
======================================================
Akhilesh Kumar S/o- Vijay Paswan Resident of Village- Mayl Maile ward No
10 Police Station- Bidupur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Opposite Party/s : Mr.Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard Mr. Ranjeet Kumar, learned counsel for the
petitioner and Mr.Kanhiya Kishor, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
08.05.2026, in connection with Bidupur P.S. Case No. 216 of
2026, F.I.R. dated 08.05.2026 registered for the offences
punishable under Sections 274, 275 of the B.N.S. and Section
30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 600.00 litres of country made 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
rather recovery has been made from the Tempo in question and
Patna High Court CR. MISC. No.41676 of 2026(2) dt.30-06-2026
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altogether 600.00 litres of country made liquor was recovered
from the Tempo in question. He further submits that the
petitioner has been made accused in the present case merely on
the ground that the petitioner is the driver of the Tempo in
question and he has no concern at all with the alleged recovery
of illicit liquor. It appears from the seizure list that 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 08.05.2026.
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
there is non-compliance of Sections 103 and 105 of the BNSS,
2023 as well as petitioner is not the owner of the Tempo in
question, 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 Incharge Exclusive Special Excise Curt No. 1 cum
Additional District & Sessions Judge, Vaishali at Hajipur in
connection with Bidupur P.S. Case No. 216 of 2026, subject to
Patna High Court CR. MISC. No.41676 of 2026(2) dt.30-06-2026
3/3
the following conditions :-
(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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