Patna High Court

Raju KumarversusThe State of Bihar

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

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

The petitioner, Raju Kumar, was arrested as the driver of a tempo from which 127.8 liters of liquor were seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, was not the owner of the vehicle, and that no incriminating material was found in his possession. The State opposed bail, arguing the seriousness of the offence. The court noted the petitioner’s lack of prior criminal record, his role merely as a driver, and the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which was not satisfied. Considering these factors and the period of custody already endured, the court decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties and requirements for regular court appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the accused’s status as a driver without knowledge of the liquor negates culpability for the offence.
Whether compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is a prerequisite for bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
liquor seizure
driver liability
Section 30(a)
Section 103
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8106 of 2026
                      Arising Out of PS. Case No.-87 Year-2025 Thana- Karnamepur District- Bhojpur
                 ======================================================
                 Raju Kumar Son of Bhola Yadav Resident of Village- Chana Bhariyar, P.S.-
                 Arak, District- Buxar, permanent address- Resident of Bokaro Steel City,
                 Sector 9B, Hatiya Mor, P.S.- Harla, District- Bokaro (Jharkhand)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, 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 connection with

                   Karnamepur P.S. Case No. 87 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 127.8 liters

                   liquor was recovered from tempo 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.8106 of 2026(2) dt.10-02-2026
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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 tempo in question rather he is driver of that vehicle

          and has got no knowledge with regard to the nature of goods

          loaded in the vehicle. The petitioner is in custody since

          25.11.2025 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 Karnamepur P.S.

          Case No. 87 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.8106 of 2026(2) dt.10-02-2026
                                                         3/3




                       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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