Patna High Court
Pradip Kumar @ Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that bail must be granted as no incriminating material was recovered from the petitioner’s possession.
Summary
Petitioner Pradip Kumar, the driver of a pick‑up van, was arrested after 620.82 litres of foreign liquor were seized and he was charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no knowledge of the illicit consignment, and that the investigation failed to follow the procedure prescribed under Sections 103 and 105 of the BNSS. The State opposed his bail application. The Court examined the record and noted that no incriminating material was found in the petitioner’s possession and that he had no prior criminal record. Consequently, the Court granted bail on a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court No. III, East Champaran. The bail application was allowed.
Issues considered
- Whether bail should be granted to the driver charged under the Bihar Prohibition and Excise Act for possession of foreign liquor.
- Whether the alleged procedural lapses under Sections 103/105 of the BNSS affect the grant of bail.
- Whether the petitioner’s lack of knowledge of the contraband and absence of incriminating material in his possession justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- driver
- false implication
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23625 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- Bijdhari District- East Champaran
======================================================
Pradip Kumar @ Pradeep Kumar Son of Bhutti Mukhiya @ Bhuti Mukhiya
Resident of Village- Laxmipur, P.S.- Nautan, District- West Champaran
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Manoj Kumar, Advocate
For the Opposite Party : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 17-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Bijdhari P.S. Case No. 24 of 2026, dated 19.02.2026, registered
for the offence under Sections 30(a) and 41(1) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, total quantity of 620.82
liters of foreign liquor was recovered from a pick-up van and
the petitioner was found driving the vehicle.
4. Learned counsel appearing for the petitioner has
submitted that the petitioner has been falsely implicated in this
case. It has further been submitted that the petitioner, being the
driver, was not aware that the consignment contained illicit
foreign liquor. It has further been submitted that the procedure
prescribed under Sections 103/105 of the BNSS has not been
Patna High Court CR. MISC. No.23625 of 2026(3) dt.17-06-2026
2/2
followed. It has further been submitted that the petitioner has
got no criminal antecedents. It has lastly been submitted that the
petitioner is in custody since 20.02.2026 and charge-sheet has
been filed against the petitioner.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Heard learned counsel for the parties and perused
the record.
7. Considering the facts and circumstances of the case
particularly the fact that nothing incriminating has been
recovered from the possession of the petitioner, let the, above
named, petitioner be released on bail on furnishing bail bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Court No.III, East Champaran, Motihari, in connection with
Bijdhari P.S. Case No. 24 of 2026.
8. The application stands allowed accordingly.
(Praveen Kumar, J)
Pawan/-
U T
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