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Patna High Court

Shekhar Kumar @ Sekhar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                       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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