Patna High Court
Laxman RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Laxman Ram, was arrested as the driver of a truck from which 4,406.6 liters of liquor were seized, and charged under Sections 274, 275, 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Sections 30(a), 32(1), 41(1) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, no incriminating material was found in his personal possession, and he had no prior criminal record, also arguing that Section 103 of the BNS had not been complied with. The State opposed bail, citing the seriousness of the offences. The Court, after considering the circumstances and the petitioner’s custody period, granted bail subject to a bond of Rs.15,000 with two sureties and conditions regarding appearance and future conduct. The bail order was conditioned on one surety being a close family member and allowed cancellation on default or repeat offences.
Issues considered
- Whether bail should be granted to the driver accused of offences under the BNS and Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars bail.
- Whether the petitioner’s lack of knowledge and absence of incriminating material in his possession justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 274, 275, 3(5)
Subjects
- bail
- criminal procedure
- liquor seizure
- excise law
- driver liability
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3694 of 2026
Arising Out of PS. Case No.-1091 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Laxman Ram S/O Junja Ram R/O - Moodhnon Ki Dhani, Samu, Barmer, P.S-
Barmer Sadar, Distt.- Barmer, State- Rajsthan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Mahua
P.S. Case No. 1091 of 2025, instituted for the offences
punishable under Sections 274, 275, 3(5) of the BNS and
Sections 30(a)32(1) and 41(1) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 4406.6
liters liquor was recovered from truck. Petitioner was arrested
on the spot.
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
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no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner is driver of the vehicle and
he has no knowledge regarding the goods loaded in the vehicle.
The petitioner is in custody since 21.11.2025 and has got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Mahua P.S. Case No. 1091 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
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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