Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
Niraj Kumar was arrested in connection with an alleged offence under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act for allegedly transporting 160 litres of country‑made liquor in a CNG auto. The petitioner claimed he was neither the owner nor the driver of the vehicle and was falsely implicated, having been in custody since 6 April 2026 with one prior case on record. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the charge sheet, the length of custody, and the petitioner’s claim of innocence, ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS. The bail was granted subject to compliance with the stipulated conditions.
Issues considered
- What is the appropriateness of granting bail to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act given the facts of the case?
- Whether the petitioner’s claim of non‑ownership and non‑driving of the vehicle, coupled with the existence of a charge sheet, justifies bail?
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a), 32(3)
- BNSS — s. 480(3)
Subjects
- bail
- excise
- prohibition act
- illicit liquor transport
- Section 480(3) conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37659 of 2026
Arising Out of PS. Case No.-237 Year-2026 Thana- EXCISE MASAUDHI District- Patna
======================================================
Niraj Kumar, Son of Umesh Ray, R/o- Ramjichak, P.S.- Digha, District-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Jiban Pd Singh, Advocate
For the Opposite Party/s : Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Excise Masaurhi P.S. Case No. 237 of 2026
registered for the alleged offence under Sections 30(a) & 32(3)
of the Bihar Prohibition & Excise Act.
3. As per prosecution case, the petitioner and other co-
accused were found transporting 160 liters of country made
liquor in a CNG Auto.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is neither the owner nor the driver of the
Auto and he was arrested merely on suspicion. Nothing
incriminating has been recovered from the person/possession of
Patna High Court CR. MISC. No.37659 of 2026(2) dt.17-06-2026
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the petitioner. The petitioner is in custody since 06.04.2026 and
is having antecedent of one case. The charge sheet has been
submitted.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and further considering the submission of
charge sheet and period of custody of the petitioner, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Judge-2, Patna/court concerned in
connection with Excise Masaurhi P.S. Case No. 237 of 2026,
subject to the conditions mentioned in Section 480(3) of BNSS
and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
Patna High Court CR. MISC. No.37659 of 2026(2) dt.17-06-2026
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bail bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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