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Patna High Court

Vinod Rai @ Binod RayversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Vinod Rai, was the driver of a Xylo car from which 931.200 litres of illicit liquor was seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita. He contended that he had no knowledge of the liquor consignment, possessed no incriminating material, and was merely following the vehicle owner's directions. He also highlighted an injury sustained in a vehicle accident and cited three prior criminal antecedents for which he was out on bail. The State opposed his bail application, arguing the seriousness of the alleged offence. The court, after considering the lack of personal involvement, health concerns, and period of custody, ordered his release on regular bail with a bond of Rs. 10,000 and two sureties.

Issues considered

  • Whether a driver of a vehicle used for transporting illicit liquor can be granted regular bail under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita.
  • Whether the absence of knowledge and lack of incriminating material in the driver's possession justify bail.
  • Whether the petitioner's health condition and period of custody warrant the grant of bail.

Legislation cited

Subjects

  • regular bail
  • illicit liquor
  • driver liability
  • Section 30(a) Bihar Prohibition and Excise Act
  • Section 317(5) Bharatiya Nyaya Sanhita
  • health considerations
  • criminal antecedents
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19432 of 2026
                         Arising Out of PS. Case No.-95 Year-2026 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Vinod Rai @ Binod Ray S/o- Ramprit Ray Resident of Village- Punaura Ward
                 NO- 6 PS-Punaura District- Sitamarhi

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   13-05-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offences punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act and Section 317(5) of Bharatiya

                   Nyaya Sanhita.

                                3. As per the prosecution case, 931.200 litres illicit

                   liquor was recovered from a Xylo car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was the driver of the seized vehicle and he has no

                   concern with the seized vehicle or illicit liquor. Nothing

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. The owner of the vehicle has

                   directed the petitioner to deliver the goods to Sitamarhi and
            Patna High Court CR. MISC. No.19432 of 2026(3) dt.13-05-2026
                                                        2/2




                      petitioner, on his direction, went to deliver the said goods. He

                      had no knowledge about the consignment of liquor. Petitioner is

                      in custody since 01.03.2026. Petitioner got injured to accident of

                      the vehicle in question and he requires better treatment. He

                      further submits that petitioner has got three criminal antecedents

                      in which he is on bail. Petitioner undertakes to co-operate in the

                      trial.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, nature of allegation against the petitioner and period

                      of custody undergone, let the above named petitioner be

                      released on bail on furnishing bail bond of Rs. 10,000/- (ten

                      thousand) with two sureties of the like amount each to the

                      satisfaction of learned Exclusive Excise Court No. I,

                      Sitamarhi/concerned Court in connection with Riga P.S. Case

                      No. 95 of 2026.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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