Patna High Court

AmanversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners, subject to conditions.

Summary

The petitioners, Aman and Kaushal, were arrested in connection with the recovery of 8,641.44 litres of foreign liquor from a truck, alleged to be offences under Section 30(a) of the Bihar Prohibition and Excise Act. They claimed innocence, stating they were merely the driver and co‑driver and had no knowledge of the illicit liquor, and that no incriminating material was found on them. The State opposed bail, while the petitioners highlighted their lack of criminal antecedents and the non‑compliance of Section 103 of the BNSS, 2023. Considering the facts, the period of custody since 29‑11‑2025, and the absence of direct evidence, the Court inclined to grant bail. The petitioners were released on bail upon furnishing bonds of Rs.15,000 each with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and custody period
Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
excise
foreign liquor
Section 30(a)
Bihar
criminal procedure
Section 103
BNSS 2023
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3180 of 2026
                     Arising Out of PS. Case No.-101 Year-2025 Thana- NAWANAGAR District- Buxar
                 ======================================================
           1.     Aman S/o Chand Resident of Village- Karotha, P.S.- Kananaur, District-
                  Rohtak (Haryana)
           2.    Kaushal S/o Desh Raj Resident of Village- Jatusana, P.S.- Jatusana, District-
                 Rewari (Haryana)

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arun Kumar Gupta, Advocate
                 For the Opposite Party/s :      Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with

                   Nawanagar PS Case No. 101 of 2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 8641.44 liters

                   foreign liquor was recovered from truck.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have

                   got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.3180 of 2026(2) dt.19-01-2026
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          submitted that names of the petitioners have surfaced in this

          case as being driver and co-driver of the vehicle in question and

          they were oblivious of the fact that illicit liquor was laden in the

          vehicle. The petitioners are in custody since 29.11.2025 and

          have got no criminal antecedent/s. There is no compliance of

          Section 103 of the BNSS, 2023.

                 5.       Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                   7.     Let the petitioners be released on bail, after

          framing of charge, if not already framed, on furnishing bail

          bonds of Rs.15,000/- (Fifteen thousand) each with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Nawanagar PS Case

          No. 101 of 2025, subject to the following conditions:

                 (I) One of the bailors shall be own/close member of the

          family of the petitioners.

                 (II) The petitioners 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
           Patna High Court CR. MISC. No.3180 of 2026(2) dt.19-01-2026
                                                       3/3




                     bail bonds of the petitioners.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T

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