Patna High Court
Vidyasagar Kumar @ Bidhya Sagar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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