Patna High Court
Samir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted as the petitioner, being merely a driver, had no knowledge of the liquor and no incriminating material was found in his possession.
Summary
Samir Kumar, a driver, was arrested in connection with the seizure of 522 litres of liquor under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband and that no incriminating material was found in his possession, while the State opposed bail. The petitioner had been in custody since 21‑11‑2025 and possessed five prior criminal convictions, but a co‑accused had already been granted bail in a related matter. The Court noted the lack of direct evidence against the petitioner, his role as a driver, and the period of custody already served. Considering these factors, the Court ordered bail with a bond of Rs.15,000 and two sureties, subject to conditions regarding appearance and future conduct.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act
- Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- driver
- criminal antecedents
- Section 103
- Bihar
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12044 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- JALALGARH District- Purnia
======================================================
Samir Kumar Son of Sri Sundra Mohan Thakur Resident of Village- Sarra,
Garhbanaili, P.S.- Kasba, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Anand, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, A.P.P.
======================================================
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
Jalalgarh P.S. Case No. 232 of 2025, instituted for the offences
punishable under Sections 30(a) and 45 of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 522
liters liquor was recovered. Out of which 480 litres liquor was
recovered from Pickup and 42 litres of liquor was recovered
from car.
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
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no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner is driver of the car and he
has no knowledge regarding the goods loaded in the vehicle.
Learned counsel for the petitioner further submits that other co-
accused has been granted bail by this Bench vide order dated
19.01.2026 passed in Cr. Misc. No. 2954 of 2026. The petitioner
is in custody since 21.11.2025 and has got five criminal
antecedents. 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 Jalalgarh P.S. Case
No. 232 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
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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.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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