Patna High Court

Alok Kumar @ Alok Kumar ThakurversusTHE STATE OF BIHAR

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

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

Summary

The petitioner, Alok Kumar, a driver, was arrested in connection with the recovery of 185.16 liters of liquor from a car, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was not the owner of the vehicle, had no knowledge of the liquor, and that no incriminating material was found in his possession. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and his clean criminal record. The State opposed bail, but the court, considering the circumstances and the period of custody, decided to grant bail. The bail was set at Rs. 15,000 with two sureties and conditions regarding family surety and appearance in court.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
driver
possession
Section 30(a)
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16243 of 2026
                    Arising Out of PS. Case No.-57 Year-2026 Thana- DHAKA District- East Champaran
                 ======================================================
                 Alok Kumar @ Alok Kumar Thakur S/O Kamlesh Thakur Resident of
                 village- Gorgawan, PS- Kundwa Chainpur, District- East Champaran
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State Of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ujjwal Kumar Singh, Advocate
                 For the Opposite Party/s :       Mrs. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Dhaka

                   P.S. Case No. 57 of 2026, instituted for the offences punishable

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

                                3. The prosecution case, in short, is that 185.16 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

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner also submits that the petitioner is not the

                   owner of the car rather he is driver of that car in question and
             Patna High Court CR. MISC. No.16243 of 2026(2) dt.13-03-2026
                                                         2/2




                       has got no knowledge with regard to the nature of goods loaded

                       in the vehicle. The petitioner is in custody since 28.01.2026 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 Dhaka P.S. Case No.

                       57 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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