Patna High Court

Prithvi KumarversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner with conditions.

Summary

The petitioner, Prithvi Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 200 litres of liquor were recovered from an e‑rickshaw he was driving. He contended that he was falsely implicated, was not the owner of the vehicle, had no knowledge of the contraband, and had no prior criminal record. The State opposed bail, but the court noted the lack of incriminating material in the petitioner's possession and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering the circumstances and the period of custody, the court granted bail on a bond of Rs. 15,000 with two sureties and imposed conditions regarding family surety and regular appearance. The order released the petitioner pending trial.

Issues considered

Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, Section 30(a).
Whether the petitioner’s lack of possession of the contraband and his role as driver justify bail.
Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects bail eligibility.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
liquor seizure
driver liability
false implication
Section 30
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13694 of 2026
                      Arising Out of PS. Case No.-662 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Prithvi Kumar S/o- Omji Mahto R/O Vill- Mogalpura, P.S.- Khajekalan,
                 District- Patna


                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================

                 Appearance :
                 For the Petitioner/s     :       Mr. Ayushi Gupta, Advocate
                 For the Opposite Party/s :       Mr. Gauri Shankar Gupta, APP
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                    ORAL ORDER

2   26-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Malsalami P.S. Case No. 662 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 total 200 litres

                   of liquor was recovered from E-rickshaw.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.13694 of 2026(2) dt.26-02-2026
                                            2/3




          incriminating article has been recovered from the conscious

          possession of the petitioner. Learned counsel further submitted

          that petitioner is not the owner of the vehicle. It is further

          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner is in custody since 29.12.2025 and has no

          criminal antecedent. There is no compliance of Section 103 of

          the Bharatiya Nagarika 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 Malsalami P.S. Case

          No. 662 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.13694 of 2026(2) dt.26-02-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

Continue reading with your account

Checking your session…