Patna High Court
PraveshversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a), 41(i), 47
- BNSS — s. 105
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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