Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to both petitioners subject to the conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
The petitioners, a driver and co‑driver, were arrested after a vehicle was found carrying 324 litres of illicit Nepali liquor, alleged to be offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They claimed innocence, asserting no knowledge of the contraband and that the seized vehicle was not in their possession. The State opposed bail, while the petitioners' counsel highlighted the petitioners' minimal role and lack of prior serious criminal history. The court considered the facts, the petitioners' status as mere drivers, and the length of their custody, and applied Section 480(3) of the B.N.S.S. to grant bail. Each petitioner was ordered to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions including a close relative as bailor and mandatory court appearances.
Issues considered
- Whether the driver and co‑driver can be granted bail for alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act
- Whether Section 480(3) of the B.N.S.S. applies to the bail of the accused
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 32(3)
- Section 480(3)
- driver liability
- excise offences
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38013 of 2026
Arising Out of PS. Case No.-888 Year-2026 Thana- Excise P.S. District- Sitamarhi
======================================================
1. Raushan Kumar S/o Krishndev Prasad Yadav @ Krishnandan Prasad R/o
village- Girmisani, ward no. -7, P.S.- Punaura, Dist. - Sitamarhi
2. Hussain Mansuri S/o Dawood Mansuri @ Daud Mansoori R/o vill - Sahpur
Chhaurahiya, ward no. 10 @ Sahapur Chaurahiya, Ward no. 10, P.S.-
Sahiyara, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mrs.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Prohibition P.S. Sitamarhi Case No. 888 of
2026 registered for the alleged offences under Sections 30(a),
32(3) of Bihar Prohibition and Excise Act.
03. As per prosecution case, the petitioners were
found transporting 324 litres of country made Nepali liquor
which was recovered during checking of vehicle.
04. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
Patna High Court CR. MISC. No.38013 of 2026(2) dt.17-06-2026
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this case. Nothing incriminating has been recovered from the
person or possession of the petitioners, who have no concern
with the seized vehicle. The petitioner no. 1 is said to be driver
of the vehicle and petitioner no. 2 is co-driver. The petitioners
have no knowledge about the consignment. The petitioner no. 1
is having antecedent of one case in which he is on bail and
petitioner no. 2 has no criminal antecedent. The petitioners are
in custody since 16.04.2026.
05. Learned APP opposes the submission made on
behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioners are merely driver and co-driver and
further considering the period of custody of the petitioners, the
petitioners above named are directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of
Exclusive Special Excise Court No. 2, Sitamarhi/
concerned Court in connection with Prohibition P.S. Sitamarhi
Case No. 888 of 2026, subject to the conditions mentioned in
Section 480(3) of B.N.S.S. and also the following
conditions :
Patna High Court CR. MISC. No.38013 of 2026(2) dt.17-06-2026
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(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners 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 bail bond of the
petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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