Patna High Court

Jai VikashversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner subject to bond and conditions.

Summary

Jai Vikash, a driver, was arrested after 2250 litres of liquor were recovered from a pick‑up vehicle and charged under Section 30(a) of the Bihar Prohibition and Excise Act. 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 non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the facts, the period of custody, and the petitioner's claim of innocence, the Court inclined to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular appearance. The bail was ordered subject to cancellation if the petitioner defaults on two consecutive appearances.

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, warrants denial of bail.
Whether the accused’s role as a driver without knowledge of the goods affects the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12579 of 2026
                      Arising Out of PS. Case No.-362 Year-2025 Thana- SHIVSAGAR District- Rohtas
                 ======================================================
                 Jai Vikash S/O Birendra Choudhary R/O Village- Ghosia Khurd, P.S-
                 Bikramganj, Distt.- Rohtas at Sasaram.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhinay Raj, Advocate
                 For the Opposite Party/s :       Mr. Kanhaiya Kishore (App.100)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Shivsagar P.S. Case No. 362 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 2250 liters

                   liquor was recovered from pick-up 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
Patna High Court CR. MISC. No.12579 of 2026(2) dt.24-02-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the petitioner is not the

          owner of the vehicle rather he is driver of that vehicle and has

          got no knowledge with regard to the nature of goods loaded in

          the vehicle in question. The petitioner is in custody since

          11.12.2025 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 Shivsagar P.S. Case

          No. 362 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
             Patna High Court CR. MISC. No.12579 of 2026(2) dt.24-02-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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