Patna High Court
Pradeep Kumar @ Pradip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to bond and surety conditions.
Summary
Pradeep Kumar, a driver, was arrested in connection with the seizure of 3,335.4 litres of liquor alleged to be in violation of Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged the liquor was recovered from his truck, but no incriminating material was found on his person and he claimed no knowledge of the goods. The petitioner, who has no prior criminal record and has been in custody since 1 December 2025, argued that he was falsely implicated and that the investigation failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court considered the lack of direct evidence, the petitioner’s role as a driver without knowledge of the cargo, and the procedural lapse. Accordingly, the Court granted bail subject to a bond of Rs 15,000 with two sureties, one of whom must be a close family member, and strict attendance requirements. The bail order was conditioned on the framing of charges, if not already done, and allowed cancellation upon default of appearances.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act when no incriminating material is found on him.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.
- The impact of the accused’s role as a driver without knowledge of the seized goods on the bail decision.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- driver
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2153 of 2026
Arising Out of PS. Case No.-499 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Pradeep Kumar @ Pradip Kumar S/O Suryabhan Singh Resident of Village -
Nosua, Post- Chidiya, Block- Charkhi Dadri, P.S.- Adanpura, District-
Charkhi Dadri, Haryana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr.Manoj Kumar. 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
Bhagwanpur Hat P.S. Case No. 499 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 3335.4
liters liquor was recovered from Truck.
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
Patna High Court CR. MISC. No.2153 of 2026(2) dt.19-01-2026
2/2
has no knowledge regarding the goods loaded in the vehicle. The
petitioner is in custody since 01.12.2025 and has got no 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, after framing
of charge, if not already framed, 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 Bhagwanpur Hat P.S. Case No. 499 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.
(Rudra Prakash Mishra, J)
manish/-
U T
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