Patna High Court
Teju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Nand Lal Kumar, a driver of a CNG auto‑rickshaw, was arrested for allegedly transporting 170 litres of illicit country‑made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was unaware of the contraband and had no prior criminal record. The State opposed his bail, arguing the seriousness of the offence. The Court considered the facts, the petitioner’s lack of knowledge, and the length of custody, and ordered that he be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount. The application for bail was therefore allowed.
Issues considered
- Whether the driver, who claims ignorance of the illicit liquor, is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the non‑compliance of Section 105 of the B.N.S.S. affects the bail application
Legislation cited
- B.N.S.S. — s. 105
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- driver
- Section 30(a)
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19583 of 2026
Arising Out of PS. Case No.-268 Year-2025 Thana- KHAIRA District- Saran
======================================================
Nand Lal Kumar S/o- Satrudhan Prasad R/village - Mahamada, P. S -
Garkha , District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Khaira P.S. Case No.
268 of 2025 dated 27.12.2025 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the allegation, petitioner, being the driver of
a CNG auto-rickshaw, was carrying 170 liters of illicit country
made liquor.
4. Learned counsel for the petitioner submits that in
fact petitioner was not aware that the consignment carried the
illicit liquor and he being just a driver of auto-rickshaw was
carrying the same without knowing the fact that the
Patna High Court CR. MISC. No.19583 of 2026(2) dt.25-03-2026
2/2
consignment contained the illicit liquor and there is no
compliance of Section 105 B.N.S.S. Petitioner is in custody
since 28.12.2025 having no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
as well as the period of custody, the petitioner above-named is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Saran at Chapra in connection with Khaira P.S. Case No. 268 of
2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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