Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to monetary and compliance conditions.
Summary
Akash Kumar, a driver of an e‑rickshaw, was arrested after 160 litres of illicit country‑made liquor were recovered from the vehicle. He was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, had no knowledge of the contraband, was not the owner of the vehicle, and that no incriminating article was found in his possession; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the petitioner’s lack of prior criminal record, the circumstances of his custody, and the absence of direct evidence linking him to the liquor, the Court inclined to grant bail subject to monetary and procedural conditions. The bail order required a bond of Rs 15,000 with two sureties, one of whom must be a close family member, and mandated the petitioner’s appearance at every trial date, with cancellation possible after two consecutive defaults.
Issues considered
- Whether bail should be granted to the accused driver in a case under the Bihar Prohibition and Excise Act where no contraband was found in his possession and he claims lack of knowledge of the illicit liquor.
Legislation cited
Subjects
- bail
- excise
- illicit liquor
- false implication
- driver
- possession
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4735 of 2026
Arising Out of PS. Case No.-829 Year-2025 Thana- EXCISE MASAUDHI District- Patna
======================================================
Akash Kumar Son of Satyanarayan Sah Resident of Naya Tola, Hasanpur
Border, P.S.- Mahnar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, 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 connection with Excise
Masaurhi P.S. Case No. 829/2025 instituted for the offences
punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 160 litres
of illicit country-made liquor was recovered from e-rickshaw.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is not the owner of the vehicle. It is further
submitted that petitioner is the driver of the vehicle in question
but he had no knowledge regarding the goods loaded in the
Patna High Court CR. MISC. No.4735 of 2026(2) dt.28-01-2026
2/2
vehicle. The petitioner is in custody since 05.12.2025 and 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 petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also 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/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise Masaurhi P.S.
Case No. 829/2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every 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 petitioner.
(Rudra Prakash Mishra, J)
atul/-
U T
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