Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Arun Kumar, a driver, was arrested in connection with the seizure of 744.48 litres of illicit foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, that none was recovered from his personal possession, and that the police seizure did not comply with Section 105 of the BNSS. The State opposed his bail, citing the seriousness of the offence. The court, after hearing both sides, noted the petitioner’s lack of prior criminal record and his claim of ignorance, and found no substantive reason to deny bail. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the driver, who claims lack of knowledge and no personal possession, is entitled to bail under the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure affects the bail decision.
- Whether the petitioner’s clean criminal record and period of custody justify granting bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- driver
- seizure procedure
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20735 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- GAIGHAT District- Muzaffarpur
======================================================
Arun Kumar Son of Late Ram Ashish Rai Son of R/o Mohalla - Balthi Tole
Benipur, P.S. - Bochaha, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Gaighat P.S. Case No.51 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that from a
pick-up altogether 744.48 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is only the driver of the
said vehicle. He was unaware of the illicit liquor. It has further
been submitted that nothing has been recovered from the
possession of the petitioner. Learned counsel for the petitioner
Patna High Court CR. MISC. No.20735 of 2026(2) dt.01-04-2026
2/2
has further submitted that the witnesses of the seizure list are
police personnel and police has not complied Section 105 of the
BNSS while making seizure. Learned counsel for the petitioner
has further submitted that the petitioner is having no criminal
antecedent and he is in judicial custody since 03.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Exclusive Special Excise Judge-III, Muzaffarpur in connection
with Gaighat P.S. Case No.51 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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