Patna High Court

Rajeev KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner subject to conditions.

Summary

Rajeev Kumar was arrested after 143.840 litres of liquor were recovered from his vehicle in a case under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver, had no knowledge of the contraband, and that no incriminating material was found in his personal possession. The petitioner had been in custody since 20‑01‑2026 and possessed no prior criminal record, while the State opposed bail. The Court noted the lack of direct evidence, the non‑application of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the length of custody, and consequently ordered bail with specified conditions. Bail bonds of Rs.15,000 with two sureties were directed, subject to appearance, non‑tampering, and surety requirements.

Issues considered

Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable to deny bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
Section 30(a)
Section 103
Bihar
driver
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12241 of 2026
                 Arising Out of PS. Case No.-32 Year-2026 Thana- KOCHADHAMAN District- Kishanganj
                 ======================================================
                 Rajeev Kumar S/o Jay Krishna Yadav @ Jay Krishn Yadav R/o Village -
                 Navtoliya ward no. 01, P.S - Madhepura, District Madhepura

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rajeev Ranjan, Advocate
                 For the Opposite Party/s :     Mr.Md. Shakir Ahmad, 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

                   Kochadhaman P.S. Case No. 32 of 2026, 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 143.840

                   liters liquor was recovered from car. Petitioner was arrested on

                   the 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

                   no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.12241 of 2026(2) dt.23-02-2026
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          further submitted that the petitioner is driver of the vehicle and

          he has no knowledge regarding the goods loaded in the vehicle.

          The petitioner is in custody since 20.01.2026 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 Kochadhaman P.S.

          Case No. 32 of 2026, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close 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.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during
           Patna High Court CR. MISC. No.12241 of 2026(2) dt.23-02-2026
                                                       3/3




                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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