Patna High Court
Rahul DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Rahul Dubey, a driver, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 531 litres of country-made liquor. He contended that he had no knowledge of the contraband, no incriminating material was found in his possession, and he was falsely implicated. The petitioner had been in custody since 3 November 2025 and possessed one prior criminal antecedent, with no compliance of Section 103 of the BNSS, 2023. The State opposed bail, but the Court, considering the lack of direct evidence, the petitioner’s limited role, and the period of custody, decided to grant bail. The order directed the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illegal liquor
- driver
- criminal antecedent
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1814 of 2026
Arising Out of PS. Case No.-298 Year-2025 Thana- DURAULI District- Siwan
======================================================
Rahul Dubey S/o Bhrigunath Dubey R/o Village - Darauli, P.S - Darauli,
District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumari Anupam, Adv.
For the Opposite Party/s : Mr. Shyam Bihari 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 Darauli PS
Case No. 298 of 2025 instituted for the offences under Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 531 liters of
country made liquor was recovered from the pick-up.
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
Patna High Court CR. MISC. No.1814 of 2026(2) dt.19-01-2026
2/2
vehicle in question and he has no knowledge regarding the
nature of goods kept in the vehicle. The petitioner is in custody
since 03.11.2025 and has got one 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 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 Darauli PS Case No. 298 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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