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Patna High Court

Kumar BirendraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
           Patna High Court CR. MISC. No.30357 of 2026(2) dt.11-05-2026
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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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