Patna High Court
Dheeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a)
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/-
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