Patna High Court
Nitin KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner, being merely a driver with no possession or antecedent and where procedural lapses were observed, is entitled to regular bail.
Summary
The petitioner, Nitin Kumar, was arrested as the driver of a tempo from which 120.960 litres of illicit liquor was seized under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no ownership of the vehicle, no possession of the liquor, and no criminal antecedents, arguing that the seizure list was not prepared in compliance with Section 105 of the BNSS. The State opposed his bail application. The court, after considering the lack of direct involvement, procedural lapses, and the petitioner’s custody since 21‑02‑2026, granted regular bail on a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the Exclusive Special Excise Court‑I, Saran.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act despite being the driver of the seized tempo.
- Whether the seizure complied with the procedural requirements of Section 105 of the BNSS.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- driver
- seizure procedure
- Section 105
- criminal procedure
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29919 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Nitin Kumar son of Vijay Mahato Resident of village- Chanwari PS- Sonpur
Dist -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a tempo,
altogether 120.960 liters of illicit liquor was recovered. The
petitioner is said to be the driver of the said tempo.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. Learned counsel
has submitted that petitioner is merely a driver of the said
tempo. He has no concern with the alleged recovery and also the
Patna High Court CR. MISC. No.29919 of 2026(2) dt.07-05-2026
2/2
tempo does not belong to him. The witnesses of the seizure list
are police personnel and police has not complied Section 105 of
BNSS while preparing seizure list. A statement has been made
in para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody since
21.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Chhapra Mufassil P.S. Case No. 113 of 2026 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-I, Saran at Chapra.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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