Patna High Court
Arvind kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Arvind Kumar, was arrested as a passenger on a tempo from which 125 litres of liquor was seized, and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he neither owned nor drove the vehicle, had no knowledge of the contraband, and that no incriminating material was found in his possession. The petitioner also highlighted his clean criminal record and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in his arrest. The State opposed the bail application, arguing the seriousness of the offence. Considering the lack of direct evidence, the petitioner’s innocence claim, his short period of custody, and the statutory safeguards, the Court granted bail on the condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of his arrest.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- passenger liability
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9616 of 2026
Arising Out of PS. Case No.-2905 Year-2025 Thana- Excise P.S. District- East Champaran
======================================================
Arvind kumar Son of Faguni Das Resident of Village- Mathurapur
Mathgopal, Ward no. 13, Ps- Pipra Kothi, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 2905 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 125 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. The petitioner has got
Patna High Court CR. MISC. No.9616 of 2026(2) dt.12-02-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner is neither
owner nor driver of the tempo in question rather he is passenger
of that vehicle and has got no knowledge with regard to the
nature of goods loaded in the vehicle. The petitioner is in
custody since 27.12.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP 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 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/- (Rupees 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.
2905 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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