Patna High Court

Dilip Kumar Barnwal @ Dilip BarnawalversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, subject to monetary sureties and conditions of appearance.

Summary

The petitioner, Dilip Kumar Barnwal, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 639 litres of liquor. He contended that he was merely the driver of the vehicle, had no knowledge of the contraband, and that no incriminating article was found on his person. The State opposed bail, while the petitioner argued lack of criminal antecedent and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, considering the circumstances and the period of custody, decided to grant bail subject to monetary sureties and conditions of appearance. The order released the petitioner on bail with two sureties of Rs. 15,000 each and stipulated that one bailor must be a close family member.

Issues considered

Whether bail should be granted to a driver accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑application of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
Whether the petitioner’s lack of ownership and knowledge of the contraband negates the necessity of continued detention.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
driver liability
Section 30
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5827 of 2026
                  Arising Out of PS. Case No.-154 Year-2025 Thana- MAHESHKHUNT District- Khagaria
                 ======================================================
                 Dilip Kumar Barnwal @ Dilip Barnawal S/O Rajgir Barnwal R/O Vill.-
                 Bhulli D Block Sector 2/46 Quarter, P.S.- Bhulli, Dist.- Dhanbad, State-
                 Jharkhand



                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Budhilal Yadav, Advocate
                 For the Opposite Party/s :      Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Maheshkhunt P.S. Case No. 154 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 total 639 litres

                   of liquor was recovered from pickup.

                               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
Patna High Court CR. MISC. No.5827 of 2026(2) dt.31-01-2026
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          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 16.10.2025 and has 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 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/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Maheshkhunt P.S.

          Case No. 154 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

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.5827 of 2026(2) dt.31-01-2026
                                                       3/3




                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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