Patna High Court

Laljit KumarversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

Bail is granted to the petitioner subject to a ₹30,000 bond and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Laljit Kumar, was named in a case for alleged possession of 20 litres of illicit country-made liquor recovered from a motorcycle he owned. He claimed innocence, stating he was unaware that his vehicle was used for transporting the liquor and that no liquor was found in his physical possession. The State opposed bail, but the petitioner had a clean criminal record. The Court considered the circumstances, the petitioner’s lack of knowledge, and the statutory provisions governing bail. It ordered that the petitioner be released on bail upon furnishing a bond of ₹30,000, subject to verification of his antecedents and compliance with conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023. The bail bond may be cancelled if the petitioner is found to have concealed any criminal antecedent.

Issues considered

Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
Whether the petitioner’s lack of knowledge and clean antecedent justify bail

Legislation cited

Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)

Subjects

bail
excise
prohibition
illicit liquor
motor vehicle
criminal antecedent
Section 30(a)
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21681 of 2026
                       Arising Out of PS. Case No.-164 Year-2025 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Laljit Kumar S/o- Devendra Sahni R/v- Dularu Ps- Jandaha Dist- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                                              ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Hemant Ray, Advocate
                 For the Opposite Party/s :        Mr.Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                                   ORAL ORDER


3   08-04-2026                    Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner is apprehending arrest in connection

                   with Jandaha (Mahisaur) P.S. Case No. 164 of 2025 registered

                   on 19.04.2025 for the offences punishable under Section 30(a)

                   of the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                 3. As per prosecution, total recovery of 20 liters

                   country made liquor, loaded on a motorcycle, is the subject

                   matter of the present case.

                                 4. It is submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has committed no

                   offence. In fact, nothing has been recovered from the conscious
Patna High Court CR. MISC. No.21681 of 2026(3) dt.08-04-2026
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          physical possession of the petitioner, but his name has been

          inserted in the present case only being the owner of the vehicle

          from which the alleged recovery was made. The petitioner was

          not aware about using of his motorcycle for carrying illicit

          liquor. The petitioner has a clean criminal antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that the antecedent of the

          petitioner is clean.

                       6. In the facts and circumstances, let the above named

          petitioner be released on bail, in the event of arrest or surrender

          before the Trial Court within a period of four weeks from today,

          on furnishing bail bond of ₹30000/- (thirty thousand) as

          mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha

          Sanhita, 2023 to the satisfaction of the Exclusive Special Judge,

          Excise-I, Vaishali, in connection with Jandaha (Mahisasur) P.S.

          Case No. 164 of 2025, subject to the conditions as laid down

          under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,

          2023.

                       And further condition that the Trial Court shall verify

          the criminal antecedent of the petitioner and in case at any stage

          it is found that the petitioner has concealed his criminal

          antecedent, the Trial Court shall take step for cancellation of
            Patna High Court CR. MISC. No.21681 of 2026(3) dt.08-04-2026
                                                        3/3




                      bail bond of the petitioner. However, the acceptance of bail

                      bonds in terms of the above-mentioned order shall not be

                      delayed for purpose of or in the name of verification.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T

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