Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Vijay Kumar, was arrested in connection with a case (Jandaha PS Case No. 510 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 75 litres of foreign liquor was seized from a vehicle. He contended that he was merely a passenger, not the owner or driver, and had no knowledge of the contraband, with no incriminating material found on him and no prior criminal record. The State opposed bail, but the court noted the lack of direct evidence against him, the short period of custody since 4 December 2025, and the non‑compliance of Section 103 of the BNSS, 2023. Considering these circumstances, the court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs 15,000 with two sureties of the same amount to the satisfaction of the lower court.
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.
- Whether the requirements of Section 103 of the BNSS, 2023 have been satisfied for bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1887 of 2026
Arising Out of PS. Case No.-510 Year-2025 Thana- JANDAHA District- Vaishali
======================================================
Vijay Kumar Son of Maksudan Rai @ Masudan Ray R/O Village - Chakmir
Waki, P.S.- Baligaon, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Adv.
For the Opposite Party/s : Mr. Pradeep Narain 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 Jandaha
PS Case No. 510 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 75 liters of
foreign liquor was recovered from the 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. Learned counsel for
the petitioner submits that the petitioner is neither the owner nor
the driver of the said vehicle in question. The petitioner was
Patna High Court CR. MISC. No.1887 of 2026(2) dt.19-01-2026
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merely a passenger and he had no knowledge of the goods
loaded in the vehicle. The petitioner is in custody since
04.12.2025 and has got no 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 Jandaha PS Case No. 510 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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