Patna High Court

Vinay KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Vinay Kumar was arrested after 100 litres of liquor were recovered from an e‑rickshaw he owned and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely the driver and owner of the vehicle, had no knowledge of the contraband, and that no incriminating material was found in his possession. He also highlighted his clean record and the lack of compliance with Section 103 of the B.N.S.S., 2023. The State opposed bail. Considering the circumstances, the court granted bail subject to a cash bond of Rs.15,000 with two sureties, one of whom must be a close family member, and imposed conditions of regular appearance in court.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
Whether the lack of incriminating material and the petitioner’s clean record warrant bail

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
excise
liquor seizure
Section 30(a)
Bihar Prohibition and Excise Act
criminal procedure
custody
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.529 of 2026
                       Arising Out of PS. Case No.-468 Year-2025 Thana- Excise P.S. District- Rohtas
                 ======================================================
                 Vinay Kumar Son of Lalan Prasad Resident of Village- Mubarakganj, P.S.-
                 Sasaram (Town), District- Rohtas at Sasaram

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Chhote Lal Mishra, Advocate
                 For the Opposite Party/s :         Mr.Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Sasaram Excise P.S.

                   case No.        1575 of 2025, Sasaram F.I.R. No. 468 of 2025

                   instituted for the offences under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 100 liters

                   liquor was recovered from E-rickshaw 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
Patna High Court CR. MISC. No.529 of 2026(2) dt.19-01-2026
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          has got no concern with the alleged recovery of liquor. It is

          further submitted that the petitioner is owner-cum-driver of the

          E-rickshaw in question and at the time of recovery, he was

          delivering the articles, as such, he had no knowledge regarding

          nature of goods kept in the cartoon.               The petitioner is in

          custody since 05.11.2025 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 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, after framing

          of charge, if not already framed, 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 Sasaram F.I.R. No. 468 of 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
           Patna High Court CR. MISC. No.529 of 2026(2) dt.19-01-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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