Patna High Court
Niranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Niranjan Kumar, was arrested in connection with a case (Excise P.S. case No. 1270 of 2025) alleging that 180 litres of liquor were recovered from a tempo. He contended that he had no knowledge of the liquor, that the vehicle was a public service and not his, and that no incriminating material was found in his possession. The State opposed his bail, arguing the seriousness of the offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The Court noted the petitioner’s clean antecedent, the lack of material linking him directly to the contraband, and the fact that he had been in custody since 14‑11‑2025 without compliance of Section 103 of the B.N.S.S., 2023. Considering these circumstances, the Court exercised its discretion to grant bail. The bail was conditioned on a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged recovery of 180 litres of liquor.
- Whether the lack of incriminating material in the petitioner’s possession justifies bail.
- Whether the petitioner’s clean antecedent and custody period outweigh the seriousness of the offences under the Bihar Prohibition and Excise Act.
- Whether compliance with Section 103 of the B.N.S.S., 2023 is required for bail in this case.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- Section 30
- Section 32(3)
- clean antecedent
- public vehicle
- Section 103 B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4837 of 2026
Arising Out of PS. Case No.-1270 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Niranjan Kumar S/O Ramanand Ram @ Ramnandan Ram R/O Vill.- Jurahi,
P.S.- Madanpur, Dist.- Aurangabad
... ... 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 : Ms.Pronoti 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 Aurangabad Excise P.S.
case No. 1270 of 2025 instituted for the offences under
Sections 30(a) and 32(3) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 180 liters
liquor was recovered from tempo.
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.4837 of 2026(2) dt.28-01-2026
2/2
further submitted that the tempo in question does not belong to
the petitioner. The vehicle runs as public vehicle and the
petitioner had no knowledge regarding the nature of goods kept
in vehicle. The petitioner is in custody since 14.11.2025 and has
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 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 Aurangabad Excise
P.S. case No. 1270 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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