Patna High Court
Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 480(3)
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
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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.
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(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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