Created by Fuzzy Cloud

Patna High Court

Kaushal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Kaushal Kumar, was arrested as the driver of a sumo car from which 616.875 liters of foreign liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, no incriminating material was found in his possession, and he had no prior criminal record. The State opposed bail, arguing the seriousness of the contraband offence. The court noted the petitioner’s lack of direct involvement, the duration of his custody since 24‑11‑2025, and the absence of compliance with Section 103 of the BNSS, 2023. Considering these factors, the court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

  • Whether bail should be granted to a driver accused under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of foreign liquor.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • contraband liquor
  • driver
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Section 30(a)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1947 of 2026
                         Arising Out of PS. Case No.-172 Year-2025 Thana- Gurupa District- Gaya
                 ======================================================
                 Kaushal Kumar Son of Late Dinesh Yadav Resident of Village- Mobarakchak,
                 P.S.- Muffasil, District- Gayaji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gajendra Kumar Singh, 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 Gurpa PS

                   Case No. 172 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 616.875 liters of

                   foreign liquor was recovered from the sumo 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 the driver of the

                   vehicle in question and he has no knowledge regarding the
           Patna High Court CR. MISC. No.1947 of 2026(2) dt.19-01-2026
                                                       2/2




                     nature of goods kept in the vehicle. The petitioner is in custody

                     since 24.11.2025 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 Gurpa PS Case No. 172 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.