Patna High Court
Aakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the petitioner has a clean antecedent, is not the owner of the vehicle, and the prosecution failed to comply with Sections 103 and 105 of the BNSS.
Summary
Aakash Kumar was arrested on 16 May 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 after 450 litres of country‑made Mahua liquor were seized from a tempo. The petitioner claimed he had a clean antecedent, was falsely implicated, and that the liquor was not in his conscious possession nor was he the owner of the tempo. He also contended that the seizure violated Sections 103 and 105 of the BNSS because the seizure list witnesses were police personnel. The Additional Public Prosecutor opposed bail. Considering the clean antecedent, lack of ownership of the vehicle, and alleged procedural lapses, the court 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 to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the seizure complied with Sections 103 and 105 of the BNSS.
- Whether the petitioner’s ownership of the tempo from which the liquor was seized is a factor for bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure
- false implication
- clean antecedent
- vehicle ownership
- Section 103
- Section 105
- Mahua liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42671 of 2026
Arising Out of PS. Case No.-193 Year-2026 Thana- NADI P.S. District- Patna
======================================================
Aakash Kumar S/o Umesh Chaudhary R/o Mohalla- Gulzarbagh Naya Tola,
Ward No. 57, P.S.- Alamganj, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-07-2026 Heard Mr. Abhay Kumar, learned counsel for the
petitioner and Mr. Nitya Nand Tiwary, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.05.2026 in connection with Nadi P.S. Case No. 193 of 2026,
F.I.R. dated 16.05.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 450 liters of country made Mahua
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
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.42671 of 2026(2) dt.06-07-2026
2/3
the recovery has been made from tempo in question and the
petitioner is not the owner the tempo in question. He further
submits that seizure list witnesses are police personnel so there
is non-compliance of Section 103 and 105 of BNSS. The
petitioner is in custody since 16.05.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner has clean antecedent and there is
non-compliance of Section 103 and 105 of BNSS and he is not
the owner the vehicle in question, 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 Judge
Excise, Patna City in connection with Nadi P.S. Case No. 193
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
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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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)
Suruchi/-
U T
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