Patna High Court
Ketul kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners, subject to bond and conditions, finding insufficient grounds to deny release.
Summary
The petitioners, Ketul Kumar and Subhash Kumar, were arrested after police stopped their vehicle during a patrol and recovered 82.8 litres of foreign liquor, leading to charges under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They contended that they were merely a driver and a passenger, not owners of the vehicle, and asserted their innocence with clean antecedents, having been in custody since 28 March 2026. The State opposed the bail application, arguing the seriousness of the offence. The court examined the charge sheet, the length of custody, and the petitioners' claims of non‑involvement, and considered the provisions of Section 480(3) of the BNSS regarding bail conditions. Finding no substantive evidence linking the petitioners to the liquor and noting their clean record, the court ordered their release on bail with a bond of Rs.10,000 each and specific surety and appearance conditions. The bail was granted subject to compliance with the stipulated conditions.
Issues considered
- What is the appropriate bail disposition for accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
- Whether the petitioners' role as driver and passenger, without ownership of the vehicle, warrants bail?
- Application 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
- prohibition and excise
- liquor seizure
- criminal procedure
- Section 30(a)
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42949 of 2026
Arising Out of PS. Case No.-149 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
======================================================
1. Ketul Kumar Son of Jalandhar Sharma Resident of village- Mathiya
Bariyarpur, Ps- Motipur, Dist- Muzaffarpur
2. Subhash Kumar Son of Mahesh Rai Resident of village- Mathiya
Bariyarpur, Ps- Motipur, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baijnath Sah, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, 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 Kuchaikote P.S. Case No.149 of 2026,
registered on 27.03.2026 for the offences under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, during patrolling,
police signalled a vehicle to stop but the driver tried to run away
with the vehicle. Police gave a chase and arrested two persons
from the vehicle and from search of the vehicle, recovery of
82.800 litre of India made foreign liquor was made.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.42949 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. The petitioners are not the
owner of the vehicle and petitioner no. 1 was the driver and
petitioner no. 2 was passenger on the vehicle and they have
nothing to do with the seized liquor. Petitioners are having clean
antecedent and they are in custody since 28.03.2026. Charge
sheet has been submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioners.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
submission of charge sheet and period of custody of the
petitioners, 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 Excise Court No.-II,
Gopalganj/concerned court, in connection with Kuchaikote P.S.
Case No.149 of 2026, subject to the condition laid down under
Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
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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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