Patna High Court
Diwakar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail, subject to a bond and specific conditions.
Summary
Diwakar Kumar, a driver, was arrested on 5 April 2026 after 1,237.265 litres of foreign liquor were seized from a truck in Jehanabad. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, although the liquor was not found in his conscious possession and he is not the vehicle's owner. The petitioner sought bail, arguing that the charge was based merely on suspicion and his role as driver. The State opposed bail, citing a similar pending case against the petitioner. The court considered the lack of direct possession and the petitioner’s cooperation, and granted bail on a bond of Rs.10,000 with two sureties, imposing conditions regarding trial attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether a driver, not the owner, can be granted bail when contraband is seized from the vehicle but not from his conscious possession.
- Whether the existence of another similar case against the petitioner precludes bail in the present matter.
- Whether bail is appropriate under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise
- foreign liquor
- driver
- seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39831 of 2026
Arising Out of PS. Case No.-181 Year-2026 Thana- Excise P.S. District- Jehanabad
======================================================
Diwakar Kumar Son of Late Prabhat Singh Resident of village- Nimari
(Nimri), Ps- Koch, Dist- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr.Anil Kumar Singh, learned counsel for
the petitioner and Mr.Tarkeshwar Nath Thakur, learned A.P.P.
for the State.
2. The petitioner seeks bail, who is in custody since
05.04.2026 in connection with Jehanabad Excise P.S. Case No.
181 of 2026, F.I.R. dated 04.04.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act, 2016.
3. Recovery is of 1237.265 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that from a bare perusal of the FIR as well as the
seizure list that the recovery has been made from the Truck in
question and petitioner has been made accused in the present
case merely on the ground that the petitioner is driver of the
Patna High Court CR. MISC. No.39831 of 2026(2) dt.23-06-2026
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Truck in question and nothing has been recovered from
conscious possession of the petitioner and petitioner has been
made accused in the present case merely on the basis of
suspicion and petitioner is not the owner of the vehicle in
question and the petitioner is in custody since 05.04.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case other than the present one of similar nature, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, recovery has been
made from the Truck in question and petitioner is not the owner
of the Truck in question, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Special Excise Court No.-1, Jehanabad
in connection with Jehanabad Excise P.S. Case No. 181 of
2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.39831 of 2026(2) dt.23-06-2026
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(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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