Patna High Court

Priyanshu KumarversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to both petitioners subject to monetary bond and conditions of appearance.

Summary

The petitioners, Priyanshu Kumar and Rahul Kumar, were arrested as driver and co‑driver of a vehicle from which 251.490 litres of liquor was seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. They contended they had no knowledge of the liquor, no criminal antecedents, and that no incriminating material was found in their possession, also pointing out non‑compliance of Section 103 of the B.N.S.S., 2023. The State opposed bail. Considering the facts, the period of custody since 15‑12‑2025, and the lack of direct evidence against them, the High Court granted bail to both petitioners subject to a bond of Rs.15,000 each with two sureties and conditions regarding family bailors and regular appearance in court. The bail order was made pending framing of charge if not already done.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and evidence.
Whether the non‑compliance of Section 103 of the B.N.S.S., 2023 affects the grant of bail.

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
criminal procedure
driver
co‑driver
liquor seizure
non‑compliance of statutory provision

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4335 of 2026
                       Arising Out of PS. Case No.-386 Year-2025 Thana- GUTHANI District- Siwan
                 ======================================================
           1.     Priyanshu Kumar S/o Mithilesh Kumar Ray R/o vill - Taraghuman Patori,
                  P.S.- Patori, Distt.- Samastipur
           2.    Rahul Kumar S/o Nagdev Ray R/o vill - Taraghuman Patori, P.S.- Patori,
                 Distt.- Samastipur

                                                                                  ... ... 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.Akbar Ali, 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 seek bail in Guthani P.S. case No.

                   5135013250386(386) of 2025 instituted for the offences under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 251.490 liters

                   liquor was recovered from car and the petitioners were arrested

                   on spot.

                               4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case.       No incriminating material has been recovered

                   from the conscious possession of the petitioners. The petitioners
Patna High Court CR. MISC. No.4335 of 2026(2) dt.27-01-2026
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          have got no concern with the alleged recovery of liquor. It is

          further submitted that the petitioners are driver and co-driver of

          the vehicle and they had no knowledge regarding the nature of

          goods kept in vehicle.           The petitioners have also no concern

          with sale and purchase of illegal liquor. The petitioners are in

          custody since 15.12.2025 and have got no criminal antecedent.

          There is no compliance of Section 103 of B.N.S.S., 2023.

                      5. Learned A.P.P. 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 and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioner no. 1 be released on bail and

          petitioner No. 2 be released on bail, after framing of charge, if

          not already framed, on furnishing bail bonds of Rs.15,000/-

          (Fifteen thousand) each with two sureties of the like amount

          each to the satisfaction of Court below/concerned Court in

          connection with Guthani P.S. case No. 5135013250386(386) 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
           Patna High Court CR. MISC. No.4335 of 2026(2) dt.27-01-2026
                                                       3/3




                     date fixed at the trial. In case of default in such appearance on

                     two consecutive dates, the Trial Court will have liberty to cancel

                     the bail bonds of the petitioners.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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