Patna High Court
Kishan LalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that the petitioner is entitled to bail and ordered his release on bond.
Summary
The petitioner, Kishan Lal, a driver, was arrested after 2,246.4 litres of illicit foreign liquor were seized from a truck he was operating. He applied for regular bail in an Excise case under Section 30(a) of the Bihar Prohibition and Excise Act, claiming he had no knowledge of the contraband and was falsely implicated. The prosecution opposed bail, arguing the seriousness of the offence and the petitioner’s prior criminal antecedent. The petitioner also contended that the procedural requirements of Section 105 of the Bihar Narcotic Substances Act were not complied with. The Court examined the facts, the petitioner’s role as merely a driver, and the lack of evidence of his participation in the illegal liquor trade. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to cancellation if he reoffends.
Issues considered
- Whether a driver accused of transporting illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act is entitled to regular bail.
- Whether the non‑compliance with the procedure prescribed under Section 105 of the Bihar Narcotic Substances Act bars bail.
- Whether the petitioner’s prior criminal antecedent justifies denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
Subjects
- bail
- excise offence
- illicit liquor
- driver liability
- Section 30(a)
- Bihar Prohibition and Excise Act
- procedural compliance
- Section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18833 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Kishan Lal S/o Moda Ram RO Village- Ratasar, PS- Bijrad, District- Barmer,
Rajasthan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Excise P.S. Case No. 71
of 2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 2246.400 litres of
illicit foreign liquor was recovered from the truck which the
petitioner was driving.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case merely on the basis of being a driver of the said vehicle
from which the alleged liquor was recovered. It has further been
submitted that the petitioner has no concern with the said
Patna High Court CR. MISC. No.18833 of 2026(2) dt.25-03-2026
2/2
recovery. It is also submitted that the procedure prescribed
under Section 105 of the B.N.S.S. has not been followed. It is
lastly submitted that the petitioner has one criminal antecedent
in which he is on bail and is in custody since 12.01.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Muzaffarpur, in connection with
Excise P.S. Case No. 71 of 2026.
7. The application stands allowed.
8. It is further directed that if the petitioner is found
involved in similar nature of offence in future, the prosecution
will be at liberty to move for cancellation of his bail bonds.
(Praveen Kumar, J)
Jyoti/-
U T
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