Patna High Court

Shrawan KumarversusThe State of Bihar

Decided: 27 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner with specified conditions.

Summary

The petitioner, Shrawan Kumar, a driver of an auto, was arrested in connection with the recovery of 175.100 liters of liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the liquor and that 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 evidence linking the petitioner to the contraband and the absence of compliance with Section 103 of the Bharatiya Nagarik 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 court appearances. The bail order was subject to cancellation if the petitioner defaults on two consecutive appearances.

Issues considered

Whether bail should be granted to the petitioner charged under the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
driver
criminal procedure
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14871 of 2026
                      Arising Out of PS. Case No.-6 Year-2026 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Shrawan Kumar S/o Prasad Ram R/o vill- Dhabaul, P.S. - Mufassil, Distt.-
                 Aurangabad
                                                                        ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. N. N. Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-02-2026                      Heard Mr. Ashok Kumar Singh, learned counsel for

                   the petitioner and Mr. N. N. Tiwary, learned APP for the State.

                                2. The petitioner seeks bail in connection with Excise

                   Sadar P.S. Case No. 06 of 2026, instituted for the offences

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 175.100 liters

                   liquor was recovered from auto.

                                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

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner also submitted that the petitioner is not the

                   owner rather he is driver of the auto in question and has got no
             Patna High Court CR. MISC. No.14871 of 2026(2) dt.27-02-2026
                                                         2/2




                       knowledge with regard to the nature of goods loaded in the

                       vehicle. The petitioner is in custody since 04.01.2026 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 Excise Sadar P.S.

                       Case No. 06 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

                       bail bonds of the petitioner.


                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-
U      T

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