Patna High Court
Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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
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