Patna High Court

Anil KumarversusThe State of Bihar

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

Holding

The court held that bail should be granted to the petitioner, subject to monetary bond and strict conditions.

Summary

The petitioner, Anil Kumar, was arrested as the driver of a truck from which 864 litres of liquor were seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the goods and that no incriminating material was found in his possession, and highlighted his lack of prior criminal record. The State opposed bail, while the petitioner’s counsel argued that the procedural requirement of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The Court, considering the circumstances and the period of custody, decided to grant bail subject to a cash bond and sureties, and imposed conditions regarding attendance, non‑tampering with evidence, and non‑intimidation of witnesses. The bail order was issued by Justice Rudra Prakash Mishra.

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 contraband affects the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition
driver
Section 30(a)
Section 103
criminal procedure
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13183 of 2026
                    Arising Out of PS. Case No.-5 Year-2026 Thana- EXCISE MADHUBAN District- East
                                                        Champaran
                 ======================================================
                 Anil Kumar S/O Late Chandrama Pandey R/O Village- Balaha, P.S-
                 Baikunthpur, Distt.- Gopalganj.
                                                                 ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Abhishek Kumar, Advocate
                                                 Ms. Hansha Shashwat, Advocate
                 For the Opposite Party/s :      Mr.Akbar Ali, A.P.P.
                 ======================================================
                 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

                   Madhuban Excise P.S. Case No. 05 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 864

                   liters liquor was recovered from Truck. 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
Patna High Court CR. MISC. No.13183 of 2026(2) dt.24-02-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          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 04.01.2026 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 Madhuban Excise

          P.S. Case No. 05 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
           Patna High Court CR. MISC. No.13183 of 2026(2) dt.24-02-2026
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                     prosecution evidence or influence/intimidate any witness during

                     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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