Patna High Court
Vinay Kumar PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to bond and conditions.
Summary
The petitioner, Vinay Kumar Patel, a driver, was arrested after 171 litres of liquor were recovered from a tempo in a case under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the goods and that no incriminating material was found in his possession. The petitioner had no prior criminal record and had been in custody since 29‑12‑2025, with the prosecution failing to comply with Section 103 of the B.N.S.S., 2023. The State opposed bail, but the Court considered the clean antecedent, lack of evidence, and duration of custody. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise law
- liquor seizure
- Section 30(a)
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8377 of 2026
Arising Out of PS. Case No.-2190 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Vinay Kumar Patel S/o Surendra Patel @ Surendra Prasad Rai R/o Village-
Muhammadpur khaje, P.s- Karja, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Excise P.S. case No.
2190 of 2025 instituted for the offences under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 171 liters
liquor was recovered from tempo and the petitioner was
arrested on spot.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in
the present case. No incriminating material has been
recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.8377 of 2026(2) dt.11-02-2026
2/3
The petitioner has got no concern with the alleged recovery
of liquor. It is further submitted that the petitioner is driver
of the vehicle in question and he had no knowledge
regarding nature of goods kept in the vehicle. The petitioner
is in custody since 29.12.2025 and has got no criminal
antecedent. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and
circumstances of the case, clean antecedent and the period
of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with
two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Excise
P.S. case No. 2190 of 2025, subject to the following
conditions:
(I) One of the bailors shall be own/close member
of the family of the petitioner.
Patna High Court CR. MISC. No.8377 of 2026(2) dt.11-02-2026
3/3
(II) The petitioner shall appear on each and every
date fixed at the trial. In case of default in such appearance
on two consecutive dates, the Trial Court will have liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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