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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to cash bond, surety and appearance conditions.

Summary

Akash Kumar was arrested in connection with a case where 224.25 litres of illicit liquor were recovered from a vehicle. He was charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act and Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was merely the driver, had no knowledge of the contraband, and that no incriminating material was found in his possession; he also highlighted his clean criminal record and the alleged non‑compliance with Section 103 of the BNSS. The State opposed bail, arguing the seriousness of the offence. Considering the petitioner’s clean antecedent, lack of direct evidence, and the statutory provisions, the Court granted bail subject to a cash bond and surety conditions, and mandated his appearance at all trial dates.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) & 41 of the Bihar Prohibition and Excise Act and Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the prosecution evidence establishes sufficient grounds to deny bail.
  • Whether the requirements of Section 103 of the Bharatiya Nyaya Sanhita, 2023, have been complied with.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • excise act
  • criminal procedure
  • clean antecedent
  • driver liability
  • Section 103 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12060 of 2026
                      Arising Out of PS. Case No.-10 Year-2026 Thana- RAJIVNAGAR District- Patna
                 ======================================================
                 Akash Kumar S/O Kapil Deo Paswan R/O- Andi, P.S.-Asthawan, District-
                 Nalanda


                                                                                  ... ... Petitioner/s
                                                       Versus


                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Ayushi Gupta, Advocate
                 For the Opposite Party/s :       Mr .Madan Kumar, 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

                   Rajivnagar PS Case No. 10 of 2026 instituted for the offences

                   under Section/s 30(a) & 41 of the Bihar Prohibition and Excise

                   Act and Section 303(2) of the Bharatiya Nyaya Sanhita, 2023.

                           3.       The prosecution case, in short, is that 224.25 liters

                   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
Patna High Court CR. MISC. No.12060 of 2026(2) dt.23-02-2026
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          no concern with the alleged recovery of liquor. It is submitted

          that name of the petitioner has surfaced in this case as being

          driver of the vehicle in question and he was oblivious of the fact

          that illicit liquor was laden in the vehicle. The petitioner is in

          custody since 07.01.2026 and has got no criminal antecedent/s.

          There is no compliance of Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Rajivnagar PS Case

          No. 10 of 2026, 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

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.12060 of 2026(2) dt.23-02-2026
                                                       3/3




                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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