Patna High Court
Birendra Kumar @ Birendra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Birendra Kumar, was arrested as the driver of a pick‑up vehicle from which 155.490 litres of foreign liquor was seized, and was charged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, that no incriminating material was found in his personal possession, and that he was falsely implicated. The petitioner had been in custody since 30‑11‑2025 and possessed one prior criminal antecedent, and the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed the bail application. Considering the lack of direct evidence against the petitioner, the period of custody already served, and the procedural lapse, the Court decided to grant bail on the condition of a Rs.15,000 bond with two sureties. The order released the petitioner on bail pending trial.
Issues considered
- Whether bail should be granted to the accused driver under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act given the facts of the case and the procedural lapse under Section 103 of the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- foreign liquor
- driver
- criminal antecedent
- Section 103
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1861 of 2026
Arising Out of PS. Case No.-837 Year-2025 Thana- Excise P.S. District- Siwan
======================================================
Birendra Kumar @ Birendra Ram S/O Harihar Ram Resident of Village -
Tilsandi, P.S.- Barhariya, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey, Adv.
For the Opposite Party/s : Mr. Abhay Kumar, 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 Siwan
Sadar PS Case No. 837 of 2025 instituted for the offences under
Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 155.490 liters of
foreign liquor was recovered from the pick-up vehicle.
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 name of the
petitioner transpired in this case as being the driver of the said
vehicle in question but he has no knowledge regarding the
Patna High Court CR. MISC. No.1861 of 2026(2) dt.19-01-2026
2/2
nature of goods kept in the vehicle. The petitioner is in custody
since 30.11.2025 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 Siwan Sadar PS Case No. 837 of
2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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