Patna High Court
Rajesh Yadav @ Rajesh Kumar@ Rajesha KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner.
Summary
The petitioner, a driver of an oil tanker, was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act after 1,123.200 litres of illicit liquor were seized from the tanker. He contended that he had no knowledge of the liquor, that the seizure was not made in compliance with Section 105 of the BNSS, and that he had no prior criminal record. The State opposed bail, arguing the seriousness of the offence. The Court, after hearing both sides, found the petitioner’s claim of ignorance plausible and noted the procedural lapse in the seizure. Consequently, the Court granted bail on a bond of Rs. 10,000 with two sureties, directing compliance with the Special Excise Judge’s conditions.
Issues considered
- Whether bail should be granted to a driver accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for alleged possession of illicit liquor.
- Whether the alleged non‑compliance with Section 105 of the BNSS in making the seizure affects the bail decision.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- excise
- illicit liquor
- driver
- seizure procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31623 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- Excise P.S. District- Begusarai
======================================================
Rajesh Yadav @ Rajesh Kumar@ Rajesha Kumar, Son of Late Bhuto Yadav,
Resident of Village- Makash Pur ward no.12, P.S.- Cheriyabariyarpur,
District-Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Kumar, Advocate
For the Opposite Party/s : Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Excise P.S. Case No.113 of 2026 registered for the offence
punishable under Sections 30(a) & 32(3) of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from an
oil tanker 1123.200 liter of illicit liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. It has further been submitted
that the petitioner is merely a driver and the tanker was handed
over to him by one Alok Paswan and Kunal Kumar. The
Patna High Court CR. MISC. No.31623 of 2026(2) dt.13-05-2026
2/2
petitioner was unaware of the liquor in the tanker. It has further
been submitted that the witnesses of the seizure list are police
personnel and police have not complied Section 105 of the
BNSS while making seizure. It has further been submitted that
the petitioner is in judicial custody since 09.03.2026 having no
criminal antecedent.
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 court of learned
Exclusive Special Excise Judge-II, Begusarai, in connection
with Excise P.S. Case No.113 of 2026.
(Ashok Kumar Pandey, J)
Durgesh/-
Rohit/-
U T
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