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Patna High Court

Vidyasagar Kumar @ Bidhya Sagar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Vidyasagar Kumar, was arrested as the driver of an e‑rickshaw from which 144 litres of Nepali liquor was seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, no incriminating material was found in his possession, and he had no prior criminal record. The State opposed bail, but the court noted the lack of direct evidence against him and the period of custody already served. The court also observed that Section 103 of the BNSS, 2023, had not been complied with. Consequently, the court granted bail, ordering a bond of Rs.15,000 with two sureties. The petitioner was released on bail pending further trial.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
  • Whether the non‑compliance with Section 103 of the BNSS, 2023, affects the grant of bail

Subjects

  • bail
  • excise
  • prohibition
  • Section 30(a)
  • driver
  • e‑rickshaw
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1370 of 2026
                  Arising Out of PS. Case No.-2532 Year-2025 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 Vidyasagar Kumar @ Bidhya Sagar Kumar S/O Ajay Das Resident of
                 Village- Amwa, P.S- Ghorasahan, District- East Champaran at Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ujjwal Kumar Singh, Adv.
                 For the Opposite Party/s :        Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Excise PS

                   Case No. 2532 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 144 liters of

                   nepali liquor was recovered from the e-rickshaw.

                           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. Learned counsel for

                   the petitioner submits that the petitioner is the driver of the

                   vehicle in question and he has no knowledge regarding the
           Patna High Court CR. MISC. No.1370 of 2026(2) dt.19-01-2026
                                                       2/2




                     nature of goods kept in the vehicle. The petitioner is in custody

                     since 24.11.2025 and has got no criminal antecedent. There is

                     no compliance of Section 103 of the BNSS, 2023.

                             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 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 PS Case No. 2532 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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