Patna High Court

NamitversusThe State of Bihar

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

Holding

Bail was granted to the petitioner with conditions.

Summary

The petitioner, Namit, was arrested as the driver of a Scorpio from which 289.410 liters of illicit liquor was seized in an Excise case (Case No. 745 of 2025) under the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, had no criminal antecedents, and that no incriminating material was found on his person. The State opposed bail, arguing the seriousness of the offences and the recovery of a large quantity of liquor. The court noted the petitioner’s clean record, the lack of direct evidence linking him to the liquor, and the non‑compliance with Section 103 of the BNSS, 2023. Considering these factors, the court decided to grant bail subject to a cash bond and sureties, with conditions of regular appearance. The bail order was pronounced on 19‑01‑2026.

Issues considered

Whether bail should be granted to the accused driver in an excise case involving large seizure of illicit liquor
Whether the petitioner’s lack of direct possession and clean antecedent justify bail despite the seriousness of the offence
Whether non‑compliance with Section 103 of the BNSS, 2023 affects the bail decision

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
excise
Bihar Prohibition and Excise Act
illicit liquor
driver
clean antecedent
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3657 of 2026
                  Arising Out of PS. Case No.-745 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Namit S/o Mohan Singh R/o Vill- Dhamar, P.S.- Sadar Rohtak, Distt- Rohtak
                 (Hariyana)



                                                                                      ... ... Petitioner/s
                                                         Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Parth Gaurav, Advocate
                 For the Opposite Party/s :         Ms. Veena Kumari Jaiswal, 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 Bhabua Case No. 745 of 2025 instituted for the offences

                   under Section/s 30(a), 32(i)(iii) & 41(i)(ii) of the Bihar

                   Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 289.410 liters

                   liquor was recovered from Scorpio.

                           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
Patna High Court CR. MISC. No.3657 of 2026(2) dt.19-01-2026
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          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

          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 12.12.2025 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 Bhabua

          Case No. 745 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.3657 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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