Patna High Court
Nandlesh Kumar @ JhamlalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to bond and conditions, after considering the facts and procedural aspects.
Summary
The petitioner, Nandlesh Kumar, a driver of a Mahindra tractor, was arrested in connection with the seizure of 1,740.80 litres of liquor alleged to be in violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no incriminating article was found in his possession, and that he was not the owner of the vehicle nor aware of the goods carried. He had been in custody since 31‑12‑2025 and possessed one prior criminal antecedent, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the circumstances and the period of custody, granted bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance, tampering with evidence, and future offences. The bail order was issued by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
- Whether the petitioner’s prior criminal antecedent and the nature of the alleged offence justify denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- false implication
- driver
- liquor seizure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5943 of 2026
Arising Out of PS. Case No.-410 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Nandlesh Kumar @ Jhamlal S/o Tejnarayan Singh @ Tej Narayan Singh R/o
vill - Chhotaki Basauli, P.S.- Buxar (Industrial), Distt.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, 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 Buxar
(Muffasil) P.S. Case No. 410 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 1740.80
litres of liquor was recovered from Mahindra Tractor.
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
Patna High Court CR. MISC. No.5943 of 2026(2) dt.31-01-2026
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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 31.12.2025 and has
one 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, 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 Buxar (Muffasil) P.S.
Case No. 410 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
bail bonds of the petitioner.
Patna High Court CR. MISC. No.5943 of 2026(2) dt.31-01-2026
3/3
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(IV) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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