Patna High Court

Navin KumarversusThe State of Bihar

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

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Navin Kumar, was arrested in connection with an excise case where 360 litres of liquor were seized from a Mahindra Bolero vehicle. He claimed he was merely the driver, had no knowledge of the contraband, and was not the vehicle's owner, asserting false implication. The prosecution alleged his involvement under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, while noting non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The court considered the lack of incriminating material in the petitioner's possession, his clean record, and the duration of his custody. Concluding that bail was appropriate, the court ordered his release on a bond of Rs. 15,000 with two sureties and imposed standard bail conditions.

Issues considered

Whether the petitioner is entitled to bail despite the seizure of liquor under the Bihar Prohibition and Excise Act.
Whether the petitioner’s role as driver without knowledge of the goods negates culpability.
Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
driver liability
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8302 of 2026
                     Arising Out of PS. Case No.-1409 Year-2025 Thana- Excise P.S. District- Sitamarhi
                 ======================================================
                 Navin Kumar S/O Ramjee Singh R/O Vill. - Ramnagara, ward no.09,P.S-
                 Riga,Distt.- Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Devendra Kumar, Advocate
                 For the Opposite Party/s :         Ms. Asha Devi, 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

                   Sitamarhi Excise P.S. Case No. 1409 of 2025 instituted for the

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

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 360 litres

                   of liquor was recovered from Mahindra Bolero vehicle.

                               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.8302 of 2026(2) dt.10-02-2026
                                            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 17.11.2025 and has no

          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 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 Sitamarhi Excise P.S.

          Case No. 1409 of 2025, subject to the following conditions:

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

          close family 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.8302 of 2026(2) dt.10-02-2026
                                                       3/3




                     the course of trial.

                                   (IV) The petitioner shall not commit any offence of a

                     similar nature in future.

                                   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)
Alok Verma/-

U      T

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