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Patna High Court

Arvind kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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