Patna High Court

Rahul KumarversusThe State of Bihar

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

Holding

The court granted bail to the petitioner subject to bond and surety conditions.

Summary

Rahul Kumar, a driver, was arrested after 360 litres of illicit liquor were recovered from a vehicle he was driving. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner argued that he had no knowledge of the liquor, had no incriminating material in his possession, and possessed a clean criminal record. The State opposed bail, but the court noted the petitioner’s clean antecedents, short period of custody, and lack of compliance with Section 103 of the BNSS. Consequently, the court granted bail on a Rs.15,000 bond with two sureties and imposed conditions regarding family surety and regular court appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.
Whether the non‑compliance with Section 103 of the Bharatiya Nyaya Sanhita, 2023, precludes bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 317(5)

Subjects

bail
prohibition law
excise
Bharatiya Nyaya Sanhita
Section 103
illicit liquor
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14177 of 2026
                     Arising Out of PS. Case No.-42 Year-2026 Thana- MAJORGANJ District- Sitamarhi
                 ======================================================
                 Rahul Kumar Son of Chhotelal Sah Resident of Village- Bhagwanpur
                 Pipradhi, P.S.- Riga, District- Sitamarhi



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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Upendra Kumar, 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

                   Majorganj PS Case No. 42 of 2026 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act

                   and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.

                           3.       The prosecution case, in short, is that 360 liters

                   liquor was recovered from car.

                           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.14177 of 2026(2) dt.26-02-2026
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          no concern with the alleged recovery of liquor. It is submitted

          that name of the petitioner has surfaced in this case as being

          driver of the vehicle in question and he was oblivious of the fact

          that illicit liquor was laden in the vehicle. The petitioner is in

          custody since 30.01.2026 and has got no criminal antecedent/s.

          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, clean antecedent of the petitioner 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 Majorganj PS Case

          No. 42 of 2026, 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

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.14177 of 2026(2) dt.26-02-2026
                                                       3/3




                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T

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