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Patna High Court

Makhhi Kumar @ Subodh Kumar @ Subodh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted because no material linked the petitioner to the seized illicit liquor and the procedural infirmities negated the applicability of Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Summary

The petitioner, Makhhi Kumar, applied for bail in connection with a case (PS Case No. 399/2024) alleging violations of Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022 for selling illicit liquor. Police raided a hut, recovered 24.3 litres of illicit liquor and, based on statements of two intoxicated persons, implicated the petitioner despite no direct evidence linking him to the hut or the seized liquor. The petitioner’s counsel argued that there was no material on record establishing his participation, that the recovery was not from his possession, and that procedural safeguards under Sections 103 and 105 of the BNSS were not complied with. The State opposed bail, contending the petitioner’s prior criminal antecedents, including one under the Excise Act. The Court held that the lack of any material connecting the petitioner to the seized liquor and the infirmities in the search and seizure rendered the stringent provisions of Section 76(2) inapplicable, and therefore granted bail subject to conditions. The order directed the petitioner to furnish bail bonds of Rs 10,000 with two sureties, one of whom must be a close family member, within four weeks of receipt of the order.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022 applies in the present case.
  • Whether the procedural requirements of Sections 103 and 105 of the Bharatiya Nagrik Suraksha Sanhita, 2023 have been complied with.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise law
  • search and seizure
  • procedural compliance
  • presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44018 of 2026
                      Arising Out of PS. Case No.-399 Year-2024 Thana- KHUSRUPUR District- Patna
                 ======================================================
                 Makhhi Kumar @ Subodh Kumar @ Subodh Yadav S/O Dinesh Singh R/O
                 Village - Kayampur, P.S- Khusrupur, Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dilip Kumar Roy
                 For the Opposite Party/s :       Mr.Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   08-07-2026                  Heard learned Advocate for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Khusrupur P.S. Case No. 399 of 2024, registered for the

                   offences punishable under Sections 30(a), 37 of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. During patrolling, the police received information

                   regarding the sale of illicit liquor in a hut; whereupon they

                   conducted a raid and apprehended two persons, who were found

                   to be intoxicated. The apprehended persons disclosed that it is

                   the petitioner and others who used to sale the illicit wine. In

                   course of search, total 24.3 litries illicit liquor was recovered.

                                4. Learned Advocate for the petitioner submitted that

                   the petitioner has neither any concern with the hut in question
Patna High Court CR. MISC. No.44018 of 2026(2) dt.08-07-2026
                                            2/3




          nor he has ever sold the illicit liquor to the persons apprehended

          by the police. Save and except the disclosure made by the

          apprehended persons, there is no material on record which

          suggests the complicity of the petitioner in crime. Only on

          account of three past criminal antecedent, out of which one is in

          connection with Excise Act, the name of the petitioner has been

          implicated in this case. There is no compliance of Sections 103

          and 105 of the BNSS.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application.

                       6. Having considered the submissions advanced on

          behalf of the respective parties and considering the fact that the

          alleged recovery has been made from a hut which does not

          belong to the petitioner, coupled with the infirmities in search

          and seizure, besides nothing has been recovered from the

          conscious or constructive possession of the petitioner and, as

          such, the rigors provided under Section 76(2) of the Bihar

          Prohibition and Excise (Amendment) Act would not be

          applicable, let the petitioner abovenamed be released on bail, in

          the event of his arrest or surrender before the court below within

          a period of four weeks from the date of receipt/production of a

          copy of this order, upon furnishing bail bonds of Rs.10,000/-
           Patna High Court CR. MISC. No.44018 of 2026(2) dt.08-07-2026
                                                       3/3




                     (ten thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Exclusive Special Court of Excise,

                     Patna City, Patna in connection with Khusrupur P.S. Case No.

                     399 of 2024 subject to the conditions laid down in Section

                     482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the

                     further condition that one of the bailors shall be the own/close

                     family members of the petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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