Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to monetary bond and specific conditions.

Summary

The petitioner, Rahul Kumar, applied for bail in an excise case (No. 2836 of 2025) alleging offences under Sections 30(a), 56(b) and 41 of the Bihar Prohibition and Excise Act for allegedly transporting 70 litres of country‑made liquor in an e‑rickshaw. The prosecution argued that the liquor was recovered from the vehicle, while the petitioner’s counsel contended that he was merely the driver, had no knowledge of the goods, and no incriminating material was found in his possession. The State opposed bail, but the court noted the petitioner’s lack of prior criminal record, the duration of his custody since 3 November 2025, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors, the court inclined to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety, appearance in court, and cancellation on repeat offences. The bail was consequently ordered.

Issues considered

Whether bail should be granted to the accused in an excise case involving alleged possession of illicit liquor under the Bihar Prohibition and Excise Act
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
driver liability
illicit liquor
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2122 of 2026
                       Arising Out of PS. Case No.-2836 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Rahul Kumar S/O Shri Bhim Paswan Resident of Mohalla- Bhushan Gali,
                 Lohanipur, P.S.- Kadamkuan, District- Patna
                                                                      ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Sanjeev Kumar, Advocate
                 For the Opposite Party/s :         Mr.Harendra Prasad, A.P.P.
                 ======================================================
                 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 Excise

                   P.S. Case No. 2836 of 2025, instituted for the offences

                   punishable under Sections 30(a), 56(b) and 41 of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 70 liters

                   of country made liquor was recovered from E-Rickshaw.

                                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. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   further submitted that the petitioner is driver of the vehicle and

                   he has no knowledge regarding the goods loaded in the vehicle.

                   The petitioner is in custody since 03.11.2025 and has got no
           Patna High Court CR. MISC. No.2122 of 2026(2) dt.19-01-2026
                                                       2/2




                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP 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/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Excise P.S. Case No.

                     2836 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                                  (III) If the petitioner is found involved in similar

                     nature of offence in future, the Trial Court will have the liberty

                     to cancel the bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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