Patna High Court
Priyanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Priyanshu Kumar, was arrested in connection with the alleged recovery of 43.200 litres of liquor from a motorcycle and 475.200 litres from bushes, offences punishable under Section 30(a) of the Bihar Excise Act. He contended that he was not apprehended at the spot, had no conscious possession of the liquor, did not own the seized vehicle, and was implicated solely on secret information. The State opposed his bail application. The court examined the submissions and noted the lack of direct possession and ownership. Consequently, the court ordered his release on bail upon furnishing a bond of Rs. 5,000 with two sureties of equal amount. The bail order was directed to be recorded in the trial court where the case is pending.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Excise Act where the alleged seizure was not from his conscious possession and he is not the owner of the vehicle involved.
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Bihar Excise Act
- Section 30(a)
- seizure
- secret information
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47044 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- Panapur District- Muzaffarpur
======================================================
Priyanshu Kumar S/O Jai Shankar Thakur R/O Vill.- Chikanauta, P.s.- Karja,
Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratneshwar Prasad
For the Opposite Party/s : Mr. Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
is in custody since 01.06.2026 and allegation is of recovery of
43.200 liters of liquor from a motorcycle and 475.200 liters of
liquor from bushes.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.47044 of 2026(2) dt.10-07-2026
2/2
and is not the owner of the seized vehicle and he came to be
implicated based on secret information which is the easiest way
to implicate someone. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Panapur
Kariyat P.S. Case No. 66 of 2026.
(Satyavrat Verma, J)
Rishabh/-
U T
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