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Patna High Court

Nandlesh Kumar @ JhamlalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                             2/3




          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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