Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted where the accused is merely a driver with no knowledge of the contraband and no incriminating article is recovered, despite procedural lapses under Section 103.
Summary
Deepak Kumar, a driver, was arrested in connection with the recovery of 120.960 litres of liquor from a vehicle and charged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, owned no incriminating article, and had no knowledge of the contraband as he was not the vehicle's owner. The State opposed his bail, while the petitioner had been in custody since 26‑12‑2025 and possessed one prior criminal antecedent. The Court noted the absence of any seized article from the petitioner’s possession, his limited role as driver, and the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering these factors, the Court granted bail subject to a bond of Rs.15,000, two sureties, and conditions of regular appearance. The bail order was issued on 23‑02‑2026.
Issues considered
- Whether bail should be granted to an accused driver charged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act when no incriminating article is found in his possession
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 32
Subjects
- bail
- excise
- prohibition act
- driver
- false implication
- procedural lapse
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11936 of 2026
Arising Out of PS. Case No.-861 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Deepak Kumar S/o Amarnath Yadav Resident of Village- Harpur Tengrahi,
P.S.- Mohammadpur, Dist.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
(Gopalganj) P.S. Case No. 861 of 2025 instituted for the
offences punishable under Sections 30(a), 32 of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 120.960
litres of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
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
Patna High Court CR. MISC. No.11936 of 2026(2) dt.23-02-2026
2/2
but he had no knowledge regarding the goods loaded in the
vehicle. The petitioner is in custody since 26.12.2025 and has
one 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 Excise (Gopalganj)
P.S. Case No. 861 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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