Patna High Court
Shekhar Kumar @ Sekhar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the petitioner had no conscious possession, was not the owner of the vehicle, had a clean antecedent, and there was a procedural lapse in the seizure.
Summary
Shekhar Kumar was arrested on 26 April 2026 in connection with an excise case involving the seizure of 146.880 litres of illicit foreign liquor. The offences alleged were under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The petitioner argued that the liquor was recovered from a pickup van that he did not own and that no liquor was found in his conscious possession, and that the police had failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail. The High Court, noting the petitioner’s clean antecedent, lack of ownership and possession, and the procedural lapse, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions for cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted in offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act when the accused has no conscious possession of the seized liquor.
- Whether non‑compliance with Sections 103/105 of the BNSS, 2023 warrants the grant of bail.
- Whether the fact that the seized vehicle is not owned by the accused affects the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 47
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- possession
- procedural lapse
- Bihar Prohibition and Excise Act
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41728 of 2026
Arising Out of PS. Case No.-332 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Shekhar Kumar @ Sekhar Kumar Son of Navin Kumar Singh @ Naveen
Kumar Resident of Village- Bhadai (Bhadahi), P.S.- Hathauri, District-
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-07-2026 Heard Mr. Sanjay Kumar Pandey, learned counsel
for the petitioner and Mr. Parmanand Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.04.2026 in connection with Siwan (Sadar) Excise P.S. Case
No. 332 of 2026, F.I.R. dated 25.04.2026 for the offences
punishable under Sections 30(a) and 47 of the Bihar Prohibition
and Excise Act.
3. Recovery is of 146.880 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
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
Patna High Court CR. MISC. No.41728 of 2026(2) dt.06-07-2026
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recovered from the conscious possession of the petitioner rather
the recovery has been made from one pickup van in question
and petitioner is not the owner of the said pickup van in
question. It appears from the F.I.R. and seizure list that seizure
list witnesses are police personnel, so there is non-compliance
of Section 103/105 of the BNSS, 2023. And police after
submitted charge sheet against the petitioner. The petitioner is in
custody since 26.04.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that petitioner has clean antecedent, nothing has been recovered
from the conscious possession of the petitioner, petitioner is not
the owner of the vehicle in question 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. II, Siwan in connection with Siwan (Sadar) Excise
P.S. Case No. 332 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
Patna High Court CR. MISC. No.41728 of 2026(2) dt.06-07-2026
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and shall remain physically present as directed by the court and
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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