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Patna High Court

vikram Kumar @ Jhotu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners, subject to monetary bond and compliance conditions.

Summary

The petitioners, Vikram Kumar and Gaurav Kumar, were arrested as driver and co‑driver of a vehicle from which 107.46 litres of liquor was seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they had no knowledge of the contraband, that no incriminating material was found in their conscious possession, and that they possessed no prior criminal record. Their counsel also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, insisting on continued custody. After considering the facts, the court found the petitioners' lack of direct involvement and the period already spent in custody sufficient to merit bail. Accordingly, the court ordered their release on bail with a bond of Rs. 15,000 each, two sureties, and conditions regarding family surety and regular court appearances.

Issues considered

  • Whether bail should be granted to the accused drivers under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • Section 30(a)
  • drivers
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2348 of 2026
                   Arising Out of PS. Case No.-1329 Year-2025 Thana- EXCISE KAHALGAON District-
                                                       Bhagalpur
                 ======================================================
           1.     Vikram Kumar @ Jhotu Yadav S/o- Munna Ray R/v- Tarahhasia @ Tarasiya
                  Ps-Ganga bridge Dist- Vaishali
           2.    Gaurav Kumar S/o- Binod Sharma R/v- Tarahhasia @ Tarasiya Ps-Ganga
                 bridge Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Baijnath Sah, Advocate
                 For the Opposite Party/s :     Mr.Nityanand, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with Excise

                   (Kahalgaon) P.S. Case No. 1329 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 107.46

                   liters liquor was recovered from car.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.2348 of 2026(2) dt.19-01-2026
                                            2/3




          got no concern with the alleged recovery of liquor. Learned

          counsel further submitted that the petitioners are driver and co-

          driver of the vehicle and they have no knowledge regarding the

          goods loaded in the vehicle. The petitioners are in custody since

          10.12.2025 and have 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 petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

          two sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Excise (Kahalgaon)

          P.S. Case No. 1329 of 2025, subject to the following conditions:

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

          the family of the petitioners.

                       (II) The petitioners 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
           Patna High Court CR. MISC. No.2348 of 2026(2) dt.19-01-2026
                                                       3/3




                     the bail bonds of the petitioners.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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