Patna High Court
Biraj Kumar @ Brij KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Biraj Kumar, was arrested on 22 October 2025 as a passenger in a vehicle from which 150 litres of liquor was seized, leading to charges under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, no incriminating material was found on him, and he possessed a clean criminal record. The State opposed his bail application, arguing the seriousness of the offence. The Court considered the petitioner’s lack of antecedents, the circumstances of his arrest, and the absence of material linking him directly to the liquor. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act given the facts of the case
- Whether the petitioner’s lack of direct involvement and clean antecedent justify bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41, 56(b)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- criminal procedure
- clean antecedent
- passenger liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4394 of 2026
Arising Out of PS. Case No.-2461 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Biraj Kumar @ Brij Kumar S/o Ranju Ray R/o Mohalla - Marufganj
Patharghat, P.S.- Malsalami, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Patna Excise P.S. case
No. 2461 of 2025 instituted for the offences under Sections
30(a) 41 and 56(b) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 150 liters
liquor was recovered from Auto and the petitioner was arrested
on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.4394 of 2026(2) dt.28-01-2026
2/2
further submitted that the petitioner was sitting as passenger in
the vehicle and he had no knowledge regarding the nature of
goods kept in vehicle. The petitioner is in custody since
22.10.2025 and has got no criminal antecedent. There is no
compliance of Section 103 of B.N.S.S., 2023. Co-accused has
been granted bail by this Bench vide Annexure-P/2 to this
application.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent and the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Patna Excise P.S.
case No. 2461 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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