Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to a bond of Rs 15,000 and the conditions specified in the order.

Summary

Vikash Kumar was arrested after 70 litres of illicit country‑made liquor were recovered from an e‑rickshaw he was driving. He contended that he had no knowledge of the liquor, no incriminating material was found on his person, and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed his bail application. The Patna High Court, noting the petitioner’s clean record, the lack of direct evidence, and the period of custody already served, ordered his release on bail after framing of charge, subject to a Rs 15,000 bond with two sureties. The bail was conditioned on a family surety, regular appearance before the trial court, and cancellation if he commits a similar offence in the future.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justifies denial of bail.
Whether the petitioner’s role as driver without knowledge of the contraband negates the charge.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition
Section 30(a)
Section 103
driver
possession
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3708 of 2026
                  Arising Out of PS. Case No.-1815 Year-2025 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 Vikash Kumar Son of Mukhlal Prasad @ Mukhalal Mahto Resident of
                 Village- Surha, P.S.- Muffasil, District- East Champaran
                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nafisuzzoha, Advocate
                 For the Opposite Party/s :        Mr.Akbar Ali, 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 East

                   Champaran Excise P.S. Case No. 1815 of 2025, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 70 liters

                   of country made liquor was recovered from E-Rickshaw.

                   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

                   no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.3708 of 2026(2) dt.27-01-2026
                                            2/3




          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 06.10.2025 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 East Champaran Excise P.S. Case No.

          1815 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

          bail bonds of the petitioner.
           Patna High Court CR. MISC. No.3708 of 2026(2) dt.27-01-2026
                                                       3/3




                                  (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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