Patna High Court

Rahul KumarversusThe State of Bihar

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

Holding

The Court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

Rahul Kumar, a driver, was arrested after 1,742.595 liters of illicit liquor were seized from a truck. He was charged under Sections 30(a) and 41(a) of the Bihar Prohibition and Excise Act and Sections 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner argued that he had no knowledge of the liquor, had no incriminating material in his possession, and possessed a clean criminal record, also noting non‑compliance with Section 103 of the BNSS. The State opposed bail. Considering the petitioner’s clean antecedents, the circumstances of the case, and the period of custody, the Court granted bail subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and regular court appearances.

Issues considered

Whether bail should be granted to the accused driver under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita, 2023.
Whether the lack of incriminating material in the accused’s possession and his clean antecedents warrant bail.
Whether non‑compliance with Section 103 of the BNSS, 2023, precludes bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5), 61(2)

Subjects

bail
prohibition law
excise
criminal procedure
Bharatiya Nyaya Sanhita
driver
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5326 of 2026
                   Arising Out of PS. Case No.-306 Year-2025 Thana- BOCHAHAN District- Muzaffarpur
                 ======================================================
                 Rahul Kumar Son of Rishidev Singh Resident Of Village- Jasauli, Po and Ps-
                 Bhopatpur, Dist- Motihari At East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Zainul Abedin, 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

                   Bochaha PS Case No. 306 of 2025 instituted for the offences

                   under Section/s 30(a) & 41(a) of the Bihar Prohibition and

                   Excise Act and Sections 61(2) & 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                           3.       The prosecution case, in short, is that 1742.595

                   liters liquor was recovered from truck.

                           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
Patna High Court CR. MISC. No.5326 of 2026(2) dt.29-01-2026
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          no concern with the alleged recovery of liquor. It is submitted

          that name of the petitioner has surfaced in this case as being

          driver of the vehicle in question and he was oblivious of the fact

          that illicit liquor was laden in the vehicle. The petitioner is in

          custody since 25.12.2025 and has got no criminal antecedent/s.

          There is no compliance of Section 103 of the BNSS, 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 of the petitioner 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 Bochaha PS Case No. 306 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.5326 of 2026(2) dt.29-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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