Patna High Court
Kumar BirendraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court ordered the release of the petitioners on bail subject to prescribed conditions.
Summary
The petitioners, Kumar Birendra and Monu Bind, were arrested for allegedly transporting 86.40 litres of foreign illicit liquor, violating Sections 30(a), 32(i) & (iii), and 41(i) & (ii) of the Bihar Prohibition & Excise Act, 2016. They contended that they were merely driver and co‑driver with no knowledge of the contraband and highlighted their clean antecedent and the length of custody since 26‑03‑2026. The State opposed bail, asserting that the accused were caught in the act of transporting illicit liquor. Considering the facts, the petitioners' clean record, and the period of custody, the court granted bail on a bond of Rs.10,000 each with two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety requirements. The bail order also stipulated attendance at all court dates and cancellation of bail upon three consecutive absences or violation of terms.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition & Excise Act, 2016 for alleged transport of illicit liquor
- Whether the petitioners' clean antecedent and period of custody justify bail
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a), 32(i), 32(iii), 41(i), 41(ii)
- BNSS — s. 480(3)
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition & Excise Act
- clean antecedent
- transport of illicit liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30357 of 2026
Arising Out of PS. Case No.-151 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
1. Kumar Birendra son of Hiralal Ram Resident Of Village -Kalayanpur, Ps-
Durgawati, Dist -Kaimur Bhabua
2. Monu Bind Son of Rajendra Bind Resident of Village - Kotsa, Ps-
Durgawati, Dist- Kaimur Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Excise Bhabhua P.S. Case No. 151 of 2026
registered for the alleged offences under Sections 30(a), 32(i) &
(iii), 41 (i) (ii) of the Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, the petitioners were
apprehended transporting illicit liquor in their vehicle and
recovery of 86.40 liters of foreign liquor was made from the
said vehicle.
04. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
Patna High Court CR. MISC. No.30357 of 2026(2) dt.11-05-2026
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this case. Petitioner no. 1 is driver and petitioner no. 2 is co-
driver in the vehicle and they have no concern with the seized
liquor. Learned counsel further submits that the petitioners are
having clean antecedent and they are in custody since
26.03.2026.
05. Learned APP for the State opposes the submission
made on behalf fo the petitioners. Learned APP submits that the
petitioners were caught raid handed transporting illicit liquor.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioners and their clean antecedent,
the petitioners above named are directed to be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, Excise Court No. II, Bhabhua
at Kaimur/court concerned in connection with Excise Bhabhua
P.S. Case No. 151 of 2026, subject to the conditions mentioned
in Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
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(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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