Patna High Court
Kalu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that, in view of the petitioner’s clean record, the circumstances of the seizure and the extended custody, regular bail should be granted.
Summary
Kalu Kumar, the driver of an e‑rickshaw, was arrested after 126 litres of illicit country‑made liquor were recovered from beneath the driver’s seat. He contended that he was unaware of the liquor, was not the vehicle’s owner, and that the seizure violated Section 105 of the Bihar Narcotic Substances Act. The petition sought regular bail for offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act and Section 317(5) of the B.N.S. The State opposed the bail. The Court, after considering the facts, the petitioner’s lack of criminal antecedent and the period of custody, ordered that bail be granted on a bond of Rs.10,000 with two sureties, and allowed the application.
Issues considered
- Whether the petitioner is entitled to regular bail for the offences under the Bihar Prohibition and Excise (Amendment) Act and the B.N.S.
- Whether the seizure of the liquor violated Section 105 of the B.N.S.
- Whether the petitioner’s lack of prior record and the length of custody justify bail
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 317(5)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- illegal liquor
- prohibition act
- search and seizure
- e‑rickshaw
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23961 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- SAHIYARA District- Sitamarhi
======================================================
Kalu Kumar S/O Raju Mandal R/O- Village- Kowari Madan (Kuari Madan),
Ward No. 05, P.S- Mejourganj, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar, Advocate
Mr. Pallav Kumar Singh, Advocate
Ms. Priya Kumari, Advocate
For the Opposite Party/s : Mr. Kanhaiya Kishore (App.100)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sahiyara P.S. Case No.
21 of 2026 dated 23.02.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise (Amendment) Act and Section 317(5) of B.N.S.
3. As per the allegation, total 126 litres of illicit
country-made liquor was recovered beneath the driver seat of E-
rickshaw. The petitioner being the driver of the said E-rickshaw
was arrested.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in this
case. It has further been submitted that petitioner was not aware
Patna High Court CR. MISC. No.23961 of 2026(3) dt.12-05-2026
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of the articles being kept underneath the driver seat. It has
further been submitted that petitioner is not the owner of the E-
rickshaw and he was plying the same at the instruction of the
owner. It has further been submitted that search and seizure is in
violation of Section 105 of B.N.S.S. Learned counsel for the
petitioner has further submitted that petitioner is in custody
since 25.02.2026 and has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the case
as well as the period of custody, the petitioner above-named is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Sitamarhi in connection with Sahiyara P.S. Case No. 21 of 2026.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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