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Patna High Court

Saurabh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to the conditions prescribed under Section 480(3) of the BNSS.

Summary

The petitioners, Saurabh Kumar and Ramu Kumar, were arrested for allegedly transporting 102.42 litres of foreign liquor in an Alto vehicle, contravening Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They contended that they were not the owners of the vehicle, had no knowledge of the liquor, and possessed a clean antecedent, arguing that the seizure list was not prepared as per statutory requirements. The State opposed bail, maintaining the charge of illegal liquor transport. The Court, after considering the nature of the recovery, the petitioners' clean record, and the length of their custody, ordered their release on bail with a bond of Rs.10,000 each and two sureties, subject to conditions under Section 480(3) of the BNSS and other procedural requirements. The bail order required the petitioners to appear before the trial court on all dates and stipulated cancellation of bail upon three consecutive absences or violation of conditions.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioners are likely to abscond or tamper with evidence.
  • Whether the seizure of the liquor complied with mandatory statutory provisions.

Legislation cited

Subjects

  • bail
  • foreign liquor
  • prohibition act
  • excise law
  • Section 30(a)
  • Section 480(3)
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42910 of 2026
                   Arising Out of PS. Case No.-57 Year-2026 Thana- CHUTIA SAHAYAK District- Rohtas
                 ======================================================
           1.     Saurabh Kumar S/O Mahendra Mahta R/O Village- Tilokhar, P.S.- Chutiya,
                  Dist.- Rohtas
           2.    Ramu Kumar S/O Vishwalal Mehta R/O Village- Tilokhar, P.S.- Chutiya,
                 Dist.- Rohtas

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajani Kant Singh, Adv.
                 For the Opposite Party/s :      Mrs.Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. In the present case, the petitioners seek bail in

                   connection with Chutiya P.S. Case No. 57 of 2026, registered on

                   17.05.2026 for the offences under Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. As per the prosecution case, the petitioners were

                   apprehended transporting 102.42 litres of foreign liquor/beer in

                   an Alto vehicle.

                                4. Learned counsel appearing on behalf of the

                   petitioners submits that the petitioners are innocent and have

                   been falsely implicated in this case. Nothing incriminating has
Patna High Court CR. MISC. No.42910 of 2026(2) dt.01-07-2026
                                            2/3




          been recovered from the conscious possession of the petitioners

          as the petitioners are neither owner of the seized vehicle not

          they have any concern with the seized liquor. The petitioners

          never dealt with illicit liquor. The seizure list has not been

          prepared according to the mandatory provisions of law. The

          petitioners are having clean antecedent and they are in custody

          since 17.05.2026.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioners.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          nature of recovery, petitioners clean antecedent and their period

          of custody, the petitioners are directed to be released on bail, on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

          Only) each with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Judge, Excise Court

          No. 1, Rohtas at Sasaram/concerned court, in connection with

          Chutiya P.S. Case No. 57 of 2026, subject to the condition laid

          down under Section 480(3) of the BNSS and other following

          conditions:

                                  (i) One of the bailors will be a close

                                  relative of the petitioners.
             Patna High Court CR. MISC. No.42910 of 2026(2) dt.01-07-2026
                                                         3/3




                                               (ii) The petitioners will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioners will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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