Patna High Court
Vivek RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Vivek Raj was arrested on 19 May 2026 as a co‑driver of a vehicle from which 107.64 litres of foreign liquor was seized, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he had no conscious possession of the liquor, possessed a clean antecedent, and argued that the seizure report violated Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail. The court noted the lack of evidence of possession by the petitioner and the procedural lapses, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order also empowered the lower court to cancel the bond for non‑compliance. The petition was thus disposed in favour of the petitioner.
Issues considered
- Whether the petitioner is entitled to bail despite the seizure of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS warrants grant of bail.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- excise law
- foreign liquor seizure
- Section 30(a)
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43321 of 2026
Arising Out of PS. Case No.-179 Year-2026 Thana- Excise P.S. District- Araria
======================================================
Vivek Raj Son of Sikendra Prasad Yadav R/O Village - Madhubani, Ward No.
01, P.S.- K. Hat, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-07-2026 Heard Mr. Madhav Kumar, learned counsel for
the petitioner and Mr. Arun Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.05.2026 in connection with Araria Excise P.S. Case No. 179
of 2026, F.I.R. dated 19.05.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act,
2018.
3. Recovery is of 107.64 liters of 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
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.43321 of 2026(2) dt.07-07-2026
2/3
the recovery has been made from car in question and the
petitioner is the co-driver of the car in question and he has no
concern at all with the alleged recovery of liquor. 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 19.05.2026.
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 nothing has
been recovered from the conscious possession of the petitioner
and there is non-compliance of Section 103 and 105 of BNSS,
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, Araria in connection with Araria Excise
P.S. Case No. 179 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.
Patna High Court CR. MISC. No.43321 of 2026(2) dt.07-07-2026
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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)
Suruchi/-
U T
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