Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Rahul Kumar, a driver, was arrested in connection with the seizure of 288 litres of Nepali liquor alleged to be in violation of Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise and Prohibition Act. The petitioner contended that he had no possession of the liquor, that the police failed to comply with the mandatory requirements of Section 105 of the B.N.S. while preparing the seizure list, and that he was unaware of the contraband as merely a driver. He also highlighted that his only prior conviction was unrelated to the present charges. The State opposed the bail application. Considering the lack of direct involvement, procedural lapses, and the petitioner’s claim of innocence, the Court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner, a driver, is liable to be kept in custody for alleged offences under Sections 274, 275 B.N.S. and Section 30(a) Bihar Excise Act.
- Whether non‑compliance with Section 105 of the B.N.S. in preparing the seizure list warrants grant of bail.
- Whether the procedural and factual circumstances justify the grant of regular bail.
Legislation cited
- Bihar Excise and Prohibition Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 105, 274, 275
Subjects
- bail
- excise
- seizure
- driver
- procedural lapse
- Section 105
- Bihar Narcotic Substances Act
- Bihar Excise and Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32545 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- BALTHAR District- West Champaran
======================================================
Rahul Kumar, S/o Kanhaiya Prasad, Resident of Village- Kudwa Mathiya
(Turah Patti), P.S.- Sirisiya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State through Video Conferencing.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 274, 275 of
the B.N.S. and Section 30(a) of Bihar Excise and Prohibition
Act.
3. The case of the prosecution in brief is that,
altogether 288 liters of Nepali country made liquor was
recovered from the vehicle.
4. Learned counsel for the petitioner submits that,
nothing has been recovered from the possession of this
petitioner. It is also submitted that all the witnesses to the
seizure list are police personnel, and the police have not
complied the mandatory provisions of Section 105 of the
Patna High Court CR. MISC. No.32545 of 2026(2) dt.21-05-2026
2/2
B.N.S.S. while making the Seizure List. It has further been
submitted by the learned counsel of the petitioner that the
petitioner is merely a driver of the said vehicle and he is having
no knowledge regarding the same. Learned counsel for the
petitioner further submitted that the petitioner is innocent and
has falsely been implicated in this case. It has further been
submitted that petitioner is having one criminal antecedent and
that is not of similar nature. He is in custody since 27.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of the regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail. The above-named petitioner is directed to be released on
bail in connection with Balthar P.S. Case No. 39 of 2026 on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, Excise Court-II, Bettiah, West
Champaran/concerned Court.
(Ashok Kumar Pandey, J)
khushbu/-
U T
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