Patna High Court

Birendra Kumar @ Virendra KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner with conditions, finding no sufficient ground to deny release.

Summary

The petitioner, a driver, was arrested after 720 litres of liquor were recovered from his pickup vehicle in Gaurichak, Bihar, and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the contraband, that no incriminating material was found in his possession, and that he had no prior criminal record. He also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court examined these submissions, the length of the petitioner’s custody, and the absence of direct evidence linking him to the offence. Concluding that the circumstances did not justify continued detention, the court granted bail subject to a cash bond and specific conditions.

Issues considered

Whether bail should be granted to the petitioner charged under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the lack of incriminating material and the petitioner’s role as a driver justify bail
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 affects the bail decision

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
driver
criminal procedure
Section 30(a)
Section 103
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7759 of 2026
                      Arising Out of PS. Case No.-24 Year-2026 Thana- GAURICHAK District- Patna
                 ======================================================
                 Birendra Kumar @ Virendra Kumar S/O Late Ram Prasad Rai Resident of
                 Village- Bhanpur Badheva @ Barewa, P.S.- Goraul, Dist.- Vaishali

                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anish Kumar, Advocate
                 For the Opposite Party/s :      Mr.Kumar Ranjit Ranjan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Gaurichak P.S. Case No. 24 of 2026, 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 720

                   liters liquor was recovered from Pick-up. Petitioner was arrested

                   on the 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

                   no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.7759 of 2026(2) dt.10-02-2026
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          further submitted that the petitioner is driver of the vehicle and

          he has no knowledge and concerned regarding the goods loaded

          in the vehicle. The petitioner is in custody since 11.01.2026 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 Gaurichak P.S. Case

          No. 24 of 2026, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during
           Patna High Court CR. MISC. No.7759 of 2026(2) dt.10-02-2026
                                                       3/3




                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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