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Patna High Court

PraveshversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, a driver of a Bolero car, was charged under Sections 30(a), 41(i) and 47 of the Bihar Prohibition and Excise Act after 432.9 litres of illicit foreign liquor were seized from the vehicle. He contended that he had no knowledge of the liquor, that nothing was recovered from his personal possession, and that the police failed to comply with Section 105 of the BNSS while making the seizure. The State opposed bail, arguing the seriousness of the offence. After hearing both sides, the Court found merit in the petitioner’s claim of lack of knowledge and procedural irregularities, and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied to the Exclusive Special Excise‑II, Siwan.

Issues considered

  • Whether bail should be granted to the accused driver under the Bihar Prohibition and Excise Act considering alleged lack of knowledge and procedural lapses.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • driver
  • procedural lapse
  • Section 105
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30237 of 2026
                      Arising Out of PS. Case No.-42 Year-2026 Thana- Mahadeva P.S. District- Siwan
                 ======================================================
                 Pravesh S/o- Late Pawan Kumar @ Pawan R/v- Sini Mohalla, Ps- Jind City
                 Dist- Jind, Haryana

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Mili Kumari, Advocate.
                 For the Opposite Party/s :        Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   22-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail registered for the

                   offence punishable under Sections 30(a), 41(i) and 47 of the

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   Bolero car, altogether 432.9 liters of illicit foreign liquor was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the

                   possession of the petitioner. The witnesses of the seizure list are

                   police personnel and the police has not complied with Section
           Patna High Court CR. MISC. No.30237 of 2026(3) dt.22-06-2026
                                                       2/2




                     105 of the BNSS while making the seizure. He further submits

                     that the petitioner is merely a driver of the said car and he was

                     unaware of the illicit liquor kept in the car. Moreover, a

                     statement has been made in para 3 of the petition that petitioner

                     has no criminal antecedent and he is languishing in judicial

                     custody since 16.03.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  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 enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Exclusive Special Excise-II, Siwan in connection with

                     Mahadeva P.S. Case No. 42 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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