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Patna High Court

Rishi Kumar @ Nishant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

Rishi Kumar was arrested for alleged possession of 119.160 litres of foreign liquor recovered from a Bolero vehicle, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was only the driver, had no knowledge of the illicit liquor, and possessed no incriminating material, emphasizing his clean criminal record. The State opposed bail, relying on the seriousness of the offence. The court observed the absence of direct evidence against the petitioner, his clean antecedents, and the fact that Section 103 of the BNSS, 2023 had not been complied with. Accordingly, the court granted bail on a bond of Rs.15,000 with two sureties, imposing conditions of a family surety and mandatory appearance at every trial date. The bail order was pronounced, releasing the petitioner from custody.

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 his clean antecedent.
  • Whether non‑compliance with Section 103 of the BNSS, 2023 precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • excise
  • illegal liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • surety
  • trial attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3216 of 2026
                    Arising Out of PS. Case No.-583 Year-2025 Thana- EXCISE NAUGACHIA District-
                                                       Bhagalpur
                 ======================================================
                 Rishi Kumar @ Nishant Kumar S/o- Charitra Paswan R/v- Nauhatta W.No-7,
                 Ps- Nauhatta Dist- Saharsa


                                                                                ... ... Petitioner/s
                                                      Versus


                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Baijnath Sah, Advocate
                 For the Opposite Party/s :     Mr. Nityanand, 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 Naugachia Case No. 583 of 2025 instituted for the offences

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

                           3.       The prosecution case, in short, is that 119.160 liters

                   foreign liquor was recovered from Bolero vehicle.

                           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
Patna High Court CR. MISC. No.3216 of 2026(2) dt.19-01-2026
                                            2/3




          no concern with the alleged recovery of liquor. It is submitted

          that name of the petitioner has surfaced in this case as being

          driver 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 20.11.2025 and has 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 petitioner.

                  6.      Considering the aforesaid facts and circumstances

          of the case, clean antecedent of the petitioner 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

          Naugachia Case No. 583 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
           Patna High Court CR. MISC. No.3216 of 2026(2) dt.19-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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