Patna High Court

YashversusThe 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 monetary bond and conditions of appearance and conduct.

Summary

Yash, a driver, was arrested on 5 December 2025 after 477 litres of liquor were recovered from his vehicle in Siwan, leading to charges under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the contraband, possessed no incriminating material, and had no prior criminal record, also arguing non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence against the petitioner, his clean record, and the circumstances of his custody, the Court granted bail subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding appearance and future conduct. The bail order was made pending framing of charges, if not already done.

Issues considered

Whether bail should be granted to the accused in a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
Whether the absence of incriminating material in the accused's possession and lack of prior record justify bail.
Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
driver
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
Section 30(a)
Section 47
Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3723 of 2026
                       Arising Out of PS. Case No.-846 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Yash S/o Rakesh Resident of vill- Delhi Road ward no. 7, Kharkhoda Sonipat,
                 PS- Kharkhoda Dist- Sonipat Haryana
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs.Kumari Anupam, Advocate
                 For the Opposite Party/s :        Ms.Shaheen Begum, 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 Siwan

                   Excise P.S. Case No. 846 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 47 of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 477

                   liters liquor was recovered from car. 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.3723 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 05.12.2025 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 Siwan Excise P.S. Case No. 846 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.3723 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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