Patna High Court

Raja KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Raja Kumar, was arrested after 195 litres of liquor were recovered from a vehicle he was driving, and he was charged under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the liquor and that no incriminating material was found in his conscious possession. The petitioner had been in custody since 10‑11‑2025 and had no prior criminal record, and argued that Section 103 of the Bihar Narcotic Substances Act, 2023 had not been complied with. The State opposed bail. Considering the lack of evidence against the petitioner, his clean record, and the period of custody already served, the Court decided to grant bail subject to a bond of Rs.15,000 with two sureties and conditions of appearance.

Issues considered

Whether bail should be granted to the accused under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act in view of the facts and custody period
Whether the non‑compliance of Section 103 of the Bihar Narcotic Substances Act, 2023 affects the bail application

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 103

Subjects

bail
excise
liquor seizure
Bihar Prohibition and Excise Act
criminal procedure
Section 103 B.N.S.S. 2023
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3 of 2026
                       Arising Out of PS. Case No.-3099 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Raja Kumar Son of Ganga Sagar @ Late Ganga Sagar Yadav Resident of
                 Village - Near Khajekalan Pani Tanki, Ward No.- 65, P.S.- Khajekalan,
                 District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Jay Ram Prasad, Advocate
                 For the Opposite Party/s :         Mr.Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   learned APP for the State.

                               2. The petitioner seeks bail in Excise P.S. Patna

                   case No. 3099 of 2025 instituted for the offences under

                   Sections 30(a), 41 and 56(b) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that 195 liters

                   liquor was recovered from tampoo and the petitioner was

                   arrested on spot.

                               4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in

                   the present case.             No incriminating material has been
Patna High Court CR. MISC. No.3 of 2026(2) dt.19-01-2026
                                             2/3




          recovered from the conscious possession of the petitioner.

          The petitioner has got no concern with the alleged recovery

          of liquor. It is further submitted that the petitioner is driver

          of the vehicle in question and he had no knowledge

          regarding nature of goods kept in the vehicle. The petitioner

          is in custody since 10.11.2025 and has got no criminal

          antecedent. There is no compliance of Section 103 of

          B.N.S.S., 2023.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6.     Considering          the     aforesaid   facts   and

          circumstances of the case and the period of custody

          undergone by the petitioner, this Court is inclined to grant

          bail to the petitioner.

                       7. Let the petitioner be released on bail on

          furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with

          two sureties of the like amount each to the satisfaction of

          Court below/concerned Court in connection with Excise

          P.S. Patna case No. 3099 of 2025 subject to the following

          conditions:

                       (I) One of the bailors shall be own/close member
           Patna High Court CR. MISC. No.3 of 2026(2) dt.19-01-2026
                                                        3/3




                     of the family of the petitioner.

                                  (II) The petitioner 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 the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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