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Patna High Court

Dheeraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioners, finding no sufficient ground to deny bail.

Summary

The petitioners, Dheeraj Kumar and Praveen Kumar, were arrested as driver and co‑driver of a vehicle from which 262.8 litres of foreign liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were not the owners, had no knowledge of the liquor, and that the statutory procedure under Section 105 of the Bihar Narcotic Substances Act was not complied with, while also highlighting their clean criminal record. The State opposed the bail application. After hearing both sides and reviewing the record, the Court considered the lack of ownership, absence of knowledge, procedural lapse, and the petitioners' clean antecedents. Consequently, the Court ordered that the petitioners be released on regular bail upon furnishing a bail bond of Rs 10,000 each with two sureties. The application for bail was therefore allowed.

Issues considered

  • Whether the drivers, who were not owners and claimed no knowledge of the contraband, are entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the alleged non‑compliance with Section 105 of the Bihar Narcotic Substances Act warrants bail.
  • Whether the petitioners' clean criminal antecedent influences the bail decision.

Legislation cited

Subjects

  • bail
  • excise
  • foreign liquor
  • Section 30(a)
  • driver
  • procedural lapse
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39100 of 2026
                       Arising Out of PS. Case No.-94 Year-2026 Thana- Excise P.S. District- Bhojpur
                 ======================================================
           1.     Dheeraj Kumar S/O Dhanik Ray Resident of Village - Nayagaon, P.S-
                  Desari, District - Vaishali
           2.     Praveen Kumar @ Praveen Kumar Pappu @ Pappu @ Papu @ Lalbabu S/O
                  Rajkumar Singh Resident of Village - Nayagaon, P.S- Desari, District -
                  Vaishali
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Birendra Kumar, Advocate
                 For the Opposite Party/s :         Mr.Sanjay Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners have preferred this application for

                   grant of regular bail in connection with Excise Sadar Ara P.S.

                   Case No. 94 of 2026 registered for the offences punishable

                   under Sections 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, on 05.05.2026, the

                   informant, while on patrolling duty, intercepted a vehicle and

                   upon search, total of 262.800 litres of foreign liquor was

                   recovered from the said vehicle.

                                4. Learned counsel for the petitioners has submitted

                   that the petitioners are innocent and have been falsely

                   implicated in the present case. It has further been submitted that

                   the petitioners are not the owners of the vehicle from which the

                   said liquor was recovered. It has further been submitted that the
              Patna High Court CR. MISC. No.39100 of 2026(2) dt.17-06-2026
                                                          2/2




                        petitioner nos. 1 and 2 were merely the driver and co-driver of

                        the vehicle and had no knowledge of the liquor allegedly being

                        transported therein. It has also been submitted that the procedure

                        prescribed under Section 105 of the B.N.S.S. has not been

                        followed. Lastly, it has been submitted that the petitioners have

                        got clean criminal antecedent and they are in custody since

                        06.05.2026.

                                     5. Learned APP for the State has vehemently opposed

                        the prayer for bail of the petitioners.

                                     6. Heard the parties and perused the record.

                                     7. Considering the above facts and circumstances of

                        the case, let the petitioners above-named, be enlarged on bail on

                        furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                        each with two sureties of the like amount each to the satisfaction

                        of learned Court concerned, Bhojpur at Ara, in connection with

                        Excise Sadar Ara P.S. Case No. 94 of 2026.

                                     8. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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