Patna High Court

RinkuversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Rinku, a driver of a pickup vehicle, was arrested in connection with a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for allegedly transporting 354.960 litres of foreign liquor. He contended that he was falsely implicated, had no knowledge of the contraband, was not the owner of the vehicle, and no incriminating article was found in his possession. The State opposed bail, while the petitioner highlighted his clean record and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, after considering the facts and the period of custody, decided to grant bail subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and strict attendance requirements. The order also allows the trial court to cancel bail on two consecutive defaults in appearance.

Issues considered

Whether bail should be granted to the driver accused under the Bihar Prohibition and Excise Act.
Whether the lack of possession of the contraband and absence of Section 103 compliance affect bail eligibility.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
foreign liquor
driver liability
criminal procedure
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5111 of 2026
                    Arising Out of PS. Case No.-2060 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Rinku S/O Awdhesh Kumar @ Awadhesh Kumar R/O Vill.- Shyam Nagar,
                 P.s.- Farukhabad, P.O.- Mopat Patti, Dist.- Farukhabad, U.P.
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Patna
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :         Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Muzaffarpur Excise P.S. Case No. 2060/2025 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 354.960

                   litres of foreign liquor was recovered from pickup vehicle.

                               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

                   vehicle. The petitioner is in custody since 13.12.2025 and has
             Patna High Court CR. MISC. No.5111 of 2026(2) dt.29-01-2026
                                                          2/2


                       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, after framing

                       of charge, if not already framed, 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 Muzaffarpur Excise

                       P.S. Case No. 2060/2025, 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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