Patna High Court
Uttam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to both petitioners subject to specified conditions.
Summary
The petitioners, Uttam Kumar and Raja Babu, were arrested after 907.002 litres of liquor were seized from a truck, and they sought bail under Section 30(a) of the Bihar Prohibition and Excise Act. They claimed innocence, stating they were merely driver and co‑driver and had no knowledge of the contraband, and that no incriminating material was found in their possession. The State opposed the bail, while the petitioners highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court considered the facts, the length of custody, and the petitioners' backgrounds, noting that one had prior charges but was on bail, and the other had no antecedents. It decided to grant bail to both, subject to a bond of Rs.15,000 each, two sureties, a family member as bailor, and strict attendance requirements, with the possibility of cancellation on default.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the accused's role as driver/co‑driver and lack of knowledge of the goods justify bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- driver
- co‑driver
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4962 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
1. Uttam Kumar S/O Late Dharmendra Rai Resident of Village- Mahana, P.S.-
Bhagwanpur Hat, District- Siwan
2. Raja Babu S/O Kritu Ram R/O Vill.- Mathurapur, P.S.- Paru, Dist.-
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Bhagwanpur Hat P.S. Case No. 507 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 907.002 liters
liquor was recovered from truck and both 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 have
Patna High Court CR. MISC. No.4962 of 2026(2) dt.29-01-2026
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got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submitted that both the
petitioners are not the owner of the vehicle rather petitioner no.
1 is driver and petitioner no. 2 is co-driver of that vehicle and
both of them have got no knowledge with regard to the nature of
goods loaded in the vehicle in question. The petitioners are in
custody since 08.12.2025. Petitioner no. 1 has got three
criminal antecedents in which he is on bail and petitioner no. 2
has got no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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 after
framing of charge, if not already framed, as well as petitioner
no. 2 be released on bail on furnishing bail bonds of Rs.
15,000/- (Rupees Fifteen Thousand) each with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhagwanpur Hat P.S.
Case No. 507 of 2025, subject to the following conditions;
Patna High Court CR. MISC. No.4962 of 2026(2) dt.29-01-2026
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(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
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)
Rajorshi/-
U T
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