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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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