Patna High Court

Durjay PaulversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

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

Summary

Durjay Paul, the driver of a truck, was arrested after 3,537.720 liters of foreign liquor were seized from his vehicle in a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the liquor, no incriminating material was found in his possession, and he possessed a clean criminal record. The State opposed bail, while the petitioner argued that Section 103 of the BNSS, 2023 had not been complied with. The court, considering the lack of direct evidence against the driver and the period of custody already served, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance in court.

Issues considered

Whether bail should be granted to the driver accused under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
excise
foreign liquor
Bihar Prohibition and Excise Act
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1525 of 2026
                       Arising Out of PS. Case No.-1072 Year-2025 Thana- Excise P.S. District- Purnia
                 ======================================================
                 Durjay Paul Son of Nepal Paul Resident of Bachmari, Babu Para, Ward no.
                 11, Ps- Old Malda, Dist- Malda West Bengal
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Jaishankar Kumar Yadav, Adv.
                 For the Opposite Party/s :         Mr. Mukesh Kumar Singh, 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 Sadar Excise

                   PS Purnia Case No. 1072 of 2025 instituted for the offences under

                   Sections 30(a) & 47 of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 3537.720 liters of

                   foreign liquor was recovered from the truck and the petitioner was

                   arrested on the spot.

                           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 submits that the petitioner is the driver of the

                   vehicle in question and he has no knowledge regarding the nature
           Patna High Court CR. MISC. No.1525 of 2026(2) dt.19-01-2026
                                                       2/2




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

                     28.10.2025 and has got clean 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, after framing of

                     charge, if not already framed, 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 Sadar Excise PS Purnia Case No. 1072 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

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

                     bail bonds of the petitioner.

                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T

Continue reading with your account

Checking your session…