Patna High Court
Priyanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioners given their clean antecedent, the charge sheet, and custody period, subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioners, Priyanshu Kumar and Niraj Yadav, were arrested for allegedly transporting 4,518.720 litres of illicit liquor concealed in a truck, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They claimed innocence, stating they were unaware of the liquor and were merely transporting stone chips, and highlighted their clean antecedent and the fact that the liquor was not found in their conscious possession. The State opposed bail, emphasizing the large quantity of contraband. The High Court, considering the petitioners' clean record, the charge sheet, and the duration of custody, ordered their release on bail with a bond of Rs.10,000 each and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail conditions included a close relative as a bailor, mandatory court appearances, and cancellation upon non‑appearance for three consecutive dates.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 considering the quantity of illicit liquor seized.
- Whether the petitioners' clean antecedent and the circumstances of custody justify bail.
- Applicability of Section 480(3) of the BNSS in imposing bail conditions.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- illicit liquor
- prohibition law
- excise
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42897 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- Bahera District- Gaya
======================================================
1. Priyanshu Kumar S/o Budhan Prasad @ Budhan Yadav Resident of Village-
Sanpaha, P.S.- Maheshkhunt, District- Khagaria
2. Niraj Yadav S/o Ramakant Yadav Resident of Village- Thatha, P.S.- Mansi,
District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar, Advocate
For the Opposite Party/s : Mrs.Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners seek bail in
connection with Bahera P.S. Case No. 51 of 2026, registered on
25.03.2026 for the offences under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, the petitioners were
apprehended transporting illicit liquor on their truck and they
are stated to be its driver and cleaner. Recovery of 4518.720
litres of foreign liquor was made from the truck which was
concealed beneath tarpaulin and stone chips.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.42897 of 2026(2) dt.01-07-2026
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petitioners submits that the petitioners are innocent and have
been falsely implicated in this case. They have not committed
any offence. The seized liquor was not loaded in the presence of
the petitioners who were under the impression that they were
transporting stone chips. Nothing incriminating has been
recovered from the conscious possession of the petitioners.
Petitioners are having clean antecedent and they are in custody
since 25.03.2026. Charge sheet has been submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioners. Learned APP for
the State submits that huge quantity of illicit liquor was being
transported by the petitioners.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
clean antecedent of the petitioners, submission of charge sheet
and their period of custody, the petitioners are directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, Excise-5, Gaya/concerned court, in connection with
Bahera P.S. Case No. 51 of 2026, subject to the condition laid
down under Section 480(3) of the BNSS and other following
Patna High Court CR. MISC. No.42897 of 2026(2) dt.01-07-2026
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conditions:
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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