Patna High Court
Dheeraj Kumar @ Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner, subject to bond and conditions.
Summary
The petitioner, Dheeraj Kumar, was arrested in connection with an excise case (Case No. 476 of 2025) for allegedly possessing 504 litres of liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver of the vehicle, had no knowledge of the contraband, and was falsely implicated, with no incriminating article found in his personal possession. The State opposed bail, while the petitioner highlighted his lack of prior criminal record and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering the facts, the court found the circumstances sufficient to grant bail, subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding family surety and appearance. The bail was ordered, with a provision that failure to appear on two consecutive dates could lead to cancellation of the bond.
Issues considered
- Whether bail should be granted to the accused driver under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the accused's lack of knowledge and ownership of the vehicle negates the presumption of guilt for the excise offence.
Legislation cited
Subjects
- bail
- excise offence
- Section 30(a)
- Section 103
- driver liability
- possession
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10303 of 2026
Arising Out of PS. Case No.-476 Year-2025 Thana- Excise P.S. District- Araria
======================================================
Dheeraj Kumar @ Dhiraj Kumar S/o Shri Ashok Roy Resident of Village-
Mandaidih, Ward No 11, PS- Patepur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard Mr. Satish Kumar Sinha, learned counsel for
the petitioner and Mr. Choubey Jawahar, learned APP for the
State.
2. The petitioner seeks bail in connection with Araria
Excise P.S. Case No. 476 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 total 504 litres
of liquor was recovered from pickup vehicle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.10303 of 2026(3) dt.24-02-2026
2/3
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is not the owner of the vehicle. It is further
submitted that petitioner is the driver of the vehicle in question
but he had no knowledge regarding the goods loaded in the
vehicle. The petitioner is in custody since 18.12.2025 and has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika 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 Araria Excise P.S.
Case No. 476 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.10303 of 2026(3) dt.24-02-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.