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Patna High Court

Vinod DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Vinod Das, was arrested on 27‑12‑2025 after 125 litres of liquor were recovered from an auto‑rickshaw and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, the vehicle did not belong to him, and no incriminating material was found in his possession; he also highlighted his clean criminal record and the fact that a co‑accused had already been granted bail. The State opposed bail, arguing the seriousness of the offence. The Court considered the petitioner’s clean antecedent, the short period of custody, the lack of material evidence, and the non‑compliance of Section 103 of the B.N.S.S., 2023, and decided to grant bail. Accordingly, the petitioner was released on a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
  • Whether the non‑compliance of Section 103 of the B.N.S.S., 2023, bars the grant of bail.

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12930 of 2026
                  Arising Out of PS. Case No.-2905 Year-2025 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 Vinod Das S/o Madan Das Resident of Village - Mathurapur Math Gopal, P.S
                 - Pipra Kothi, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shatrughna Pandey, Advocate
                 For the Opposite Party/s :        Mr.Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Excise P.S. case No.

                   2905 of 2025 instituted for the offences under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 125 liters

                   liquor was recovered from Auto 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. It is
           Patna High Court CR. MISC. No.12930 of 2026(2) dt.25-02-2026
                                                       2/2




                     further submitted that vehicle in question does not belong to the

                     petitioner. The petitioner is in custody since 27.12.2025 and has

                     got no criminal antecedent. There is no compliance of Section

                     103 of B.N.S.S., 2023. Co-accused has been granted bail by

                     this Bench vide order dated 12.02.2026 passed in Cr. Misc. No.

                     9616 of 2026.

                                 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                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 Excise P.S. case

                     No. 2905 of 2025.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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