Patna High Court

Aditya KumarversusThe State of Bihar

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

Holding

Bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Aditya Kumar, a driver, was arrested in connection with a case (Excise P.S. case No. 4260 of 2025) for alleged possession of 129.6 litres of liquor, alleged offences under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. The prosecution argued that the liquor was recovered from the vehicle he was driving, while the petitioner contended that he had no knowledge of the goods and no incriminating material was found in his personal possession. He has been in custody since 20‑11‑2025, has no prior criminal record, and the State failed to comply with Section 103 of the B.N.S.S., 2023. The learned APP opposed bail, but the Court considered the clean antecedent, lack of direct evidence, and procedural lapse. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

Whether bail should be granted to the petitioner despite the charges under the Bihar Prohibition and Excise Act.
Whether the State’s failure to comply with Section 103 of the B.N.S.S., 2023 warrants bail.

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
excise
liquor seizure
Bihar Prohibition and Excise Act
criminal procedure
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8011 of 2026
                       Arising Out of PS. Case No.-4260 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Aditya Kumar S/O Arun Kumar Resident of - Danapur Machhua Toli, Ward
                 No.3, P.S. - Danapur, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Birendra Kumar, Advocate
                 For the Opposite Party/s :         Mr.Narsingh Tanti, APP
                 ======================================================
                 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 Patna Excise P.S.

                   case No. 4260 of 2025 instituted for the offences under

                   Sections 30(a) 41 and 56(b) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that 129.6

                   liters liquor was recovered from car.

                               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.
Patna High Court CR. MISC. No.8011 of 2026(2) dt.10-02-2026
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          The petitioner has got no concern with the alleged recovery

          of liquor. It is further submitted that the petitioner is driver

          of the vehicle in question and he had no knowledge

          regarding nature of goods kept in the vehicle. The petitioner

          is in custody since 20.11.2025 and has got no criminal

          antecedent. There is no compliance of Section 103 of

          B.N.S.S., 2023.

                      5. Learned A.P.P. 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, clean antecedent 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/- (Fifteen thousand) with

          two sureties of the like amount each to the satisfaction of

          Court below/concerned Court                    in connection with Patna

          Excise P.S. case No. 4260 of 2025, subject to the following

          conditions:

                       (I) One of the bailors shall be own/close member

          of the family of the petitioner.
           Patna High Court CR. MISC. No.8011 of 2026(2) dt.10-02-2026
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                                  (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.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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