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Patna High Court

Shri Ram KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs 10,000 with two sureties.

Summary

The petitioner, Ram Kumar, was arrested as the driver of an auto‑rickshaw from which 113.94 litres of foreign liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was unaware of the liquor in the sacks, had no prior criminal record, and had been in custody since 21 March 2026 with a charge sheet already filed. The State opposed his bail application. The Court examined the facts, the short period of custody, and the petitioner’s lack of antecedents, and ordered that he be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Excise Judge‑I, Bhagalpur. The application for bail was allowed.

Issues considered

  • Whether the driver of a vehicle from which foreign liquor is recovered can be granted regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s claim of ignorance of the liquor’s presence and lack of criminal antecedents justify bail.
  • Whether the period of custody and filing of the charge‑sheet warrant denial of bail.

Legislation cited

Subjects

  • bail
  • excise
  • foreign liquor
  • Section 30(a)
  • driver
  • ignorance
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39200 of 2026
                     Arising Out of PS. Case No.-458 Year-2026 Thana- Excise P.S. District- Bhagalpur
                 ======================================================
                 Shri Ram Kumar S/o Lalan Yadav @ Lalan Kumar Yadav Resident of
                 Village- Refujee Colony Police Station- Saharsa, Saharsa.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dr. Manoj Kumar, Advocate.
                 For the Opposite Party/s :        Mr. Gulnar Begum, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Excise (Sadar) P.S. Case

                   No. 458 of 2026 dated 20.03.2026 registered for the offences

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

                   Excise Act.

                                3. As per the prosecution case, the petitioner was

                   found driving auto-rikshaw from which altogether 113.940 liters

                   of foreign liquor has been recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is the driver of the auto-rikshaw in question from

                   which the alleged recovery has been made. It has further been

                   submitted that the petitioner was not aware that the sacs, from
          Patna High Court CR. MISC. No.39200 of 2026(2) dt.17-06-2026
                                                      2/2




                    which the alleged recovery has been made actually contained

                    foreign liquor. It has further been submitted that the petitioner

                    has got no criminal antecedent. It has lastly been submitted that

                    the petitioner is in custody since 21.03.2026 and the charge

                    sheet has been filed in this case.

                                 5. Learned A.P.P. for the State has vehemently

                    opposed the prayer for bail of the petitioner.

                                 6. Heard the parties and perused the records.

                                 7. Considering the facts and circumstances of the case

                    as well as the period of custody, the petitioner above-named is

                    directed to be enlarged on bail on furnishing bail-bond of

                    Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                    amount each to the satisfaction of learned Exclusive Special

                    Excise Judge-I, Bhagalpur, in connection with Excise (Sadar)

                    P.S. Case No. 458 of 2026.

                                 8. The application stands allowed.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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