Patna High Court

Kalkatar Rai @ Kalaktar RaiversusThe State of Bihar

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

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Kalkatar Rai, was arrested as the driver of a vehicle from which 1,665 litres of liquor were seized, and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no ownership of the vehicle, no knowledge of the contraband, and that no incriminating material was found in his possession. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed to his prior criminal antecedent for which he was already on bail. The State opposed the bail application, arguing the seriousness of the offence. Considering the petitioner’s custody duration, his role as a driver without knowledge of the goods, and the procedural lapse, the Court granted bail on the condition of a Rs.15,000 bond with two sureties and compliance with attendance requirements.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes bail.
Whether the accused’s status as a driver without knowledge of the contraband affects the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12339 of 2026
                        Arising Out of PS. Case No.-630 Year-2025 Thana- BIKRAM District- Patna
                 ======================================================
                 Kalkatar Rai @ Kalaktar Rai Son of Gajadhar Rai Resident of Village-
                 Hetanpur, P.S.- Shahpur, District- Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, 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 Bikram

                   P.S. Case No. 630 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 1665 liters

                   liquor was recovered from container vehicle and the petitioner

                   was arrested on 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.12339 of 2026(2) dt.23-02-2026
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          for the petitioner also submitted that the petitioner is not the

          owner of the vehicle in question rather he is driver of that

          vehicle and has got no knowledge with regard to the nature of

          goods loaded in the vehicle. The petitioner is in custody since

          31.12.2025 and has got one criminal antecedent in which he is

          on bail. 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 Bikram P.S. Case

          No. 630 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

          consecutive dates, the Trial Court will have liberty to cancel the
             Patna High Court CR. MISC. No.12339 of 2026(2) dt.23-02-2026
                                                         3/3




                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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