Patna High Court

Ajeet KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

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

Summary

Ajeet Kumar, a driver of an e‑rickshaw, was arrested in connection with the recovery of 75 litres of country‑made liquor from his vehicle and charged under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the liquor, no incriminating material was found in his possession, and he had no prior criminal record, having been in custody since 14 November 2025. The State opposed bail, arguing the seriousness of the offences. The Court noted the petitioner’s lack of possession, his role merely as a driver, the absence of any material linking him directly to the contraband, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as factors favoring release. Considering these circumstances, the Court granted bail subject to a bond of Rs 15,000 with two sureties and conditions of regular appearance. The bail order also stipulated that failure to appear on two consecutive dates could lead to cancellation of the bond.

Issues considered

Whether bail can be granted to an accused under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.
Whether the petitioner’s status as a driver without knowledge of the contraband suffices for bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor
driver
non‑knowledge
criminal antecedent
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1238 of 2026
                       Arising Out of PS. Case No.-3239 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Ajeet Kumar S/O Late Kishor Goaswami Resident of Mohalla- Yarpur, P.S.-
                 Gardanibagh, District- Patna.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr.Arun Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Patna

                   Excise P.S. Case No. 3239 of 2025, instituted for the offences

                   punishable under Sections 30(a), 41 and 56 of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 75 liters

                   of country made liquor was recovered from E-Rickshaw.

                                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

                   further submitted that the petitioner is driver of the vehicle and
           Patna High Court CR. MISC. No.1238 of 2026(2) dt.19-01-2026
                                                       2/2




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

                     The petitioner is in custody since 14.11.2025 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 Patna Excise P.S.

                     Case No. 3239 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

                     bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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