Patna High Court
Vivek UpadhyayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Vivek Upadhyay was arrested on 5 January 2026 after 118.44 litres of liquor were recovered from a Bolero vehicle, and he was charged under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely the driver, had no knowledge of the goods, no incriminating material was found on him, and he had no prior criminal record; he also argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record and the period of custody already served, the Court inclined to grant bail. The Court ordered his release on a bail bond of Rs.15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act for alleged possession of liquor.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 32(i)(iii), 41(i)(ii)
Subjects
- bail
- prohibition and excise
- liquor seizure
- driver
- Section 103
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13203 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Vivek Upadhyay Son of Arvind Upadhyay Resident At Garakhara, P.S.-
Sindhora, District- Varanasi, U.P.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Mishra, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, 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
Prohabition & Excise (Kaimur at Bhabhua) P.S. Case No. 05 of
2026, instituted for the offences punishable under Sections
30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 118.440
liters liquor was recovered from Bolero vehicle. 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.13203 of 2026(2) dt.24-02-2026
2/2
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 05.01.2026 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 Prohabition &
Excise (Kaimur at Bhabhua) P.S. Case No. 05 of 2026.
(Rudra Prakash Mishra, J)
manish/-
U T
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