Patna High Court
Vinod Rai @ Binod RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nyaya Sanhita — s. 317(5)
- Bihar Prohibition and Excise Act — s. 30(a)
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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