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Patna High Court

Laxman KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Laxman Kumar, a driver, was arrested in connection with the recovery of 160 litres of country-made liquor from a tempo, alleged to be a violation of Sections 30(a) and 56(b) of the Bihar Prohibition of Excise (Amendment) Act. He contended that he was unaware of the illicit liquor, that none was found in his possession, and that the police seizure did not comply with Section 105 of the BNSS. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the lack of criminal antecedent, the petitioner’s custodial status since 02‑02‑2026, and the procedural lapses in seizure, decided to grant bail. The bail order required a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Special Excise Judge, Danapur.

Issues considered

  • Whether bail should be granted to the driver accused under Sections 30(a) and 56(b) of the Bihar Prohibition of Excise (Amendment) Act.
  • Whether the alleged non‑compliance with Section 105 of the BNSS in making the seizure warrants bail.
  • Whether the petitioner’s lack of possession and clean antecedent justify release on bail.

Legislation cited

Subjects

  • bail
  • excise law
  • illegal liquor
  • driver liability
  • Section 105
  • criminal antecedent
  • seizure procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17225 of 2026
                   Arising Out of PS. Case No.-121 Year-2026 Thana- EXCISE PALIGANJ District- Patna
                 ======================================================
                 Laxman Kumar S/O Mahesh Bind R/o Vill.- Isha Bigha(Ise Bigha),, P.S-
                 Sikariya,Dist- Jehanabad                             ... ... Petitioner/s
                                            Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Special Excise Case No. 232 of 2026, arising out of Paliganj P.S.

                   Case No.121 of 2026 registered for the offence punishable under

                   Sections 30(a) & 56(b) of the Bihar Prohibition of Excise

                   (Amendment) Act.

                                3. The case of the prosecution, in short, is that from a

                   tempo altogether 160 liters of country made liquor was recovered.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is the driver of the said tempo.

                   Learned counsel for the petitioner has further submitted that the

                   petitioner was unaware of the alleged illicit liquor and recovery

                   thereof. It has further been submitted that nothing has been

                   recovered from the possession of this petitioner. Learned counsel

                   for the petitioner has further submitted that the witnesses of the
            Patna High Court CR. MISC. No.17225 of 2026(2) dt.23-03-2026
                                                        2/2




                      seizure list are police personnel and police has not complied

                      Section 105 of the BNSS while making seizure. Learned counsel

                      for the petitioner has further submitted that the petitioner is having

                      no criminal antecedent and he is in judicial custody since

                      02.02.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail.          The above named

                      petitioner is directed to be enlarged on bail on furnishing bail bond

                      of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                      like amount each to the satisfaction of the learned Special Excise

                      Judge, Danapur, District-Patna in connection with Special Excise

                      No.232 of 2026, arising out of Paliganj P.S. Case No.121 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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