Patna High Court
UpendraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Upendra, a driver, was arrested in connection with the recovery of 331 litres of country-made liquor from a tractor, alleged under Sections 30(A) and 32 of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the goods and no incriminating material was found in his possession, and highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the petitioner’s lack of prior criminal record, the circumstances of his custody since 25‑10‑2025, and the absence of direct evidence, the Court inclined to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions regarding family surety, regular appearance, and cancellation on repeat offences. The order reflects the Court’s application of bail principles in excise cases.
Issues considered
- Whether bail should be granted to the accused driver in an offence under the Bihar Prohibition and Excise Act.
- Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the accused’s role as a driver without knowledge of the contraband affects the bail decision.
Legislation cited
Subjects
- bail
- excise
- prohibition
- driver
- section 30A
- section 32
- section 103
- no prior criminal record
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3066 of 2026
Arising Out of PS. Case No.-707 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Upendra Son of Vishwnath Chauhan R/o vill.- Bedupar, P.S.- Taraiya Sujan,
Dist.- Kushi Nagar (U.P.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sushil Kumar, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, A.P.P
======================================================
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 connection with
Gopalganj Excise Case No. 707 of 2025, instituted for the
offences punishable under Sections 30(A) and 32 of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 331
liters of country made liquor was recovered from tractor.
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 recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.3066 of 2026(2) dt.19-01-2026
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further submitted that the petitioner is driver of the vehicle and
he has no knowledge regarding the goods loaded in the vehicle.
The petitioner is in custody since 25.10.2025 and has got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Gopalganj Excise
Case No. 707 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member 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.
(III) If the petitioner is found involved in similar
Patna High Court CR. MISC. No.3066 of 2026(2) dt.19-01-2026
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nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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