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Patna High Court

Nitin KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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