Patna High Court
Arun Kumar MauryaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners subject to bond and conditions.
Summary
The petitioners, Arun Kumar Maurya and Jitendra Kumar, were arrested as drivers of two vehicles from which 302.4 litres of illicit foreign liquor were seized, leading to charges under Sections 30(a), 32(i),(iii), 41(i),(ii) of the Bihar Prohibition and Excise Act. They contended that they were merely drivers, had no knowledge of the contraband, and that no incriminating article was found in their possession, also asserting they were not the owners of the vehicles. The petitioners had been in custody since 4 December 2025, with one having a prior criminal antecedent, and argued that the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, were not complied with. The State opposed bail, citing the seriousness of the offence. The Court, considering the lack of direct evidence against the drivers, the duration of custody, and the statutory provisions, granted bail to both petitioners on a bond of Rs. 15,000 each with two sureties, subject to conditions of family surety and regular appearance in court.
Issues considered
- Whether the drivers, who were not owners and had no knowledge of the illicit liquor, are entitled to bail under the Bihar Prohibition and Excise Act offences.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the prior criminal antecedent of one petitioner affects the bail decision.
Legislation cited
Subjects
- bail
- excise
- illicit liquor
- driver liability
- knowledge
- ownership
- criminal antecedent
- Section 103
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4280 of 2026
Arising Out of PS. Case No.-729 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
1. Arun Kumar Maurya S/o- Ramchandra Maurya R/v- Chandapur Lohata Ps-
Lohata Dist- Varanasi, U.P
2. Jitendra Kumar S/o- Radheshyam R/v- Hariharpur Modaw Ps- Rohaniya
Dist- Varanasi, U.P
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Ram Bilash Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seeks bail in connection with Bhabua
Excise P.S. Case No. 729 of 2025 instituted for the offences
punishable under Sections 30(a), 32(i),(iii), 41(i),(ii) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 302.4
litres of illicit foreign liquor was recovered from the two cars.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.4280 of 2026(2) dt.27-01-2026
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that petitioners are not the owner of the vehicle. It is further
submitted that petitioners are the driver of the alleged vehicles
in question but he had no knowledge regarding the goods loaded
in the vehicle. The petitioners are in custody since 04.12.2025
and the petitioner no. 1 has one criminal antecedent whereas the
petitioner no. 2 has no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhabua Excise P.S.
Case No. 729 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
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two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
atul/-
U T
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