Samir Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Samir Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for bail allowed: petitioner directed to 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-01), Purnea in Kasba P.S. Case No. 253 of 2025, subject to condition (1): verification of criminal antecedents by the Court concerned, steps for cancellation of the bail bond if concealment of antecedents is found at any stage, and acceptance of bail bonds not to be delayed for or in the name of verification.

Issue for consideration

Whether the petitioner, in judicial custody in Kasba P.S. Case No. 253 of 2025 (Section 30(a), Bihar Prohibition and Excise (Amendment) Act, 2016) with five criminal antecedents, four of a similar nature, should be enlarged on bail following framing of charge.

Court's answer

Having heard the parties and gone through the records, and noting that the petitioner's bail was earlier rejected on 17.02.2026 with liberty to apply after framing of charge, that the charge was framed on 31.01.2026, and that the recovery was 184.620 litres of illicit liquor, the Court was inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner is directed to 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-01), Purnea, in connection with Kasba P.S. Case No. 253 of 2025.

Key takeaways

Condition (1): the Court concerned shall verify the criminal antecedents of the petitioner, and if at any stage it is found that the petitioner concealed his criminal antecedents, the Court concerned shall take steps for cancellation of the bail bond.ratio¶22
Acceptance of the bail bonds in terms of the order shall not be delayed for the purpose of, or in the name of, antecedent verification.ratio¶22

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 24816 of 2026, oral order dated 08-05-2026, Ritesh Kumar, J — repeat bail application ALLOWED. The petitioner, in custody in Kasba P.S. Case No. 253 of 2025 (District Purnia) registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016, sought bail after an earlier rejection by this Court on 17.02.2026, which had granted liberty to re-apply after framing of charge; per the petition averments the charge was framed on 31.01.2026. Counsel submitted that 184.620 litres of illicit liquor was recovered from a Swift Desire car (BR11BD6935), that the petitioner was neither owner nor in conscious possession (driving licence allegedly found in the foot rest near the driving seat; petitioner allegedly absent as driver), that the seizure list was prepared in violation of Section 103 of the BNSS for want of supporting witnesses, and that the petitioner had five criminal antecedents (four of similar nature) and was in judicial custody since 10.12.2025; the APP opposed bail citing the antecedents. These contentions were counsel's submissions and are not findings of this Court. Considering the facts and circumstances — notably the framed charge — the Court enlarged the petitioner on bail on a bond of Rs. 10,000/- with two like sureties to the Exclusive Special Judge (Excise-01), Purnea, imposing condition (1) that the Court concerned verify the criminal antecedents and move to cancel the bail bond upon any finding of concealment, while expressly barring any delay in accepting the bail bonds for or in the name of such verification.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24816 of 2026

Arising Out of PS. Case No.-253 Year-2025 Thana- KASBA District- Purnia

======================================================

Samir Kumar Son of Sri Surendra Mohan Thakur Resident of Village- Sarra, Garhbanaili, P.S.- Kasba, District- Purnea

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER

4 08-05-2026

Heard the learned counsel for the petitioner and the

learned APP for the State.

The petitioner is in custody in connection with Kasba P.S. Case No. 253 of 2025, registered for an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

The learned counsel for the petitioner submits that total 184.620 litres of illicit liquor was recovered from the Swift Desire car bearing registration no. BR11BD6935 and the petitioner was not arrested on the spot rather the driving license of the petitioner was found lying in foot rest near the driving seat of the car. He further submits that the petitioner is neither the owner of the car nor any recovery was made from the conscious possession of the petitioner, the petitioner was only

Patna High Court CR. MISC. No.24816 of 2026(4) dt.08-05-2026 2/3

the driver of the car but at the relevant time, he was not present at the place of the occurrence. The learned counsel for the petitioner further submits that even the seizure list was prepared in violation of the provisions contained in Section 103 of the BNSS, since no witnesses have come forward to support the prosecution case. He further submits that the petitioner has got five criminal antecedents out of which four cases are of similar nature and he is in judicial custody since 10.12.2025.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner vehemently and submits that five criminal cases are pending against the petitioner out of which four cases are of similar nature.

Having heard the parties and after going through the records, it appears that the bail of the petitioner was earlier rejected by this Court vide order dated 17.02.2026, with a liberty to the petitioner to file the bail application after framing of the charge. As per the averments made in paragraph no.20 of the present bail petition, the charge was already framed on 31.01.2026. Further, recovery is to the tune of Rs.184.620 litres of illicit liquor. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail and accordingly the petitioner is directed to be released on bail on

Patna High Court CR. MISC. No.24816 of 2026(4) dt.08-05-2026 3/3

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-01), Purnea in connection with Kasba P.S. Case No. 253 of 2025, with the following condition:

(1) The learned Court concerned shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court concerned shall take steps 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.

(Ritesh Kumar, J)

AjayMishra/-

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