Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner, subject to monetary bond and conditions of appearance.

Summary

The petitioner, Rahul Kumar, was arrested as the driver of a Mahindra Bolero from which 252 litres of liquor was seized, and was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was not the owner of the vehicle, had no knowledge of the contraband, and that no incriminating material was found in his possession. The petitioner also argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed bail. Considering the lack of personal possession of the liquor, the petitioner’s clean record, and the period already spent in custody, the Court granted bail subject to a cash bond and sureties, and imposed conditions of regular appearance. The bail order was issued on 2‑Feb‑2026.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.
Whether the driver of a vehicle can be held liable for the possession of illicit liquor without proof of knowledge or control.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise law
liquor seizure
driver liability
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
Section 30
Section 32
Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6538 of 2026
                       Arising Out of PS. Case No.-514 Year-2025 Thana- Excise P.S. District- Banka
                 ======================================================
                 Rahul Kumar Son of Subhash Singh Resident of Village- Gauchhari, P.S.-
                 Maheshkhut, District- Khagariya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dipak Kumar, Advocate
                 For the Opposite Party/s :        Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Banka

                   Excise P.S. Case No. 514 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 252 liters

                   liquor was recovered from Mahindra Bolero 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 has got
Patna High Court CR. MISC. No.6538 of 2026(2) dt.02-02-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the petitioner is not the

          owner of the vehicle rather he is driver of that vehicle and has

          got no knowledge with regard to the nature of goods loaded in

          the vehicle in question. The petitioner is in custody since

          17.12.2025 and has got no criminal antecedent. There is no

          compliance of Section 103 of the Bharatiya Nagarik 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 Banka Excise P.S.

          Case No. 514 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.6538 of 2026(2) dt.02-02-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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