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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Vishal Kumar, was arrested in connection with an excise case where 95.895 litres of illicit liquor were recovered from a vehicle. He contended that he was merely a passenger, had no knowledge of the contraband, and that no incriminating material was found in his possession. The prosecution opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. The court noted the lack of evidence linking the petitioner directly to the liquor and the absence of compliance with Section 103 of the BNSS, 2023. Considering these factors and the period of custody already served, the court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused in an excise case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s alleged role as a mere passenger and lack of incriminating material justify bail.
  • Impact of the petitioner’s prior criminal antecedent on the bail decision.
  • Applicability of Section 103 of the BNSS, 2023 in the bail application.

Legislation cited

Subjects

  • bail
  • excise offence
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 103 BNSS
  • criminal antecedent
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3183 of 2026
                    Arising Out of PS. Case No.-2025 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Vishal Kumar Son of Vinod Singh Resident of Pratap Nagar, Mehsoul, Ward
                 No. 27, P.S.- Mehsoul O.P., District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Raju Kumar, Advocate
                 For the Opposite Party/s :         Mr. Nand Kumar, APP
                 ======================================================
                 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 Excise

                   PS Case No. 2025 of 2025 instituted for the offences under

                   Section/s 30(a) & 32(3) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 95.895 liters

                   liquor was recovered from car.

                           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. It is submitted

                   that name of the petitioner has surfaced in this case as being
           Patna High Court CR. MISC. No.3183 of 2026(2) dt.19-01-2026
                                                       2/2




                     passenger of the vehicle in question and he was oblivious of the

                     fact that illicit liquor was laden in the vehicle. The petitioner is

                     in custody since 07.12.2025 and has got one 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 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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Excise PS Case No.

                     2025 of 2025.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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