Patna High Court

KonenversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners subject to specified conditions.

Summary

Konen and Faruk Sah were arrested as driver and co‑driver of a Bolero vehicle from which 719 litres of liquor was seized, and were charged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. The petitioners contended that they had no knowledge of the contraband, no incriminating material was found on them, and that they were falsely implicated. They had been in custody since 13 November 2025 and sought bail, arguing that the statutory requirement of Section 103 of the B.N.S.S., 2023 had not been complied with. The State opposed the bail application. Considering the facts, the period of detention and the petitioners’ lack of direct involvement, the Court granted bail on a bond of Rs.15,000 each with two sureties, imposing conditions of family surety, mandatory appearance at trial, and possible cancellation after two consecutive defaults.

Issues considered

Whether bail should be granted to the accused in an excise case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the B.N.S.S., 2023 precludes bail.
Whether the period of custody and the alleged lack of knowledge of the contraband justify bail.

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
excise offence
possession of liquor
Bihar Prohibition and Excise Act
driver and co‑driver liability
custody
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8450 of 2026
                     Arising Out of PS. Case No.-758 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
           1.     Konen S/O Basruddin R/o-Banbirpur Basiya Birpur,P.S-Padrauna Basiya,
                  District-Kushinagar (U.P)
           2.    Faruk Sah S/o-Babuddin Sah @Babudin Shah R/o-Khajuriya, P.S-Nagar,
                 Dist-Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Deepankar Raj, Advocate
                 For the Opposite Party/s :        Mr.Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-02-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners seek bail in Excise P.S. case No.

                   758 of 2025 instituted for the offences under Sections 30(a) and

                   32 of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 719 liters

                   liquor was recovered from Bolero vehicle and the petitioners

                   were arrested on spot.

                               4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case.       No incriminating material has been recovered

                   from the conscious possession of the petitioners. The petitioners
Patna High Court CR. MISC. No.8450 of 2026(2) dt.12-02-2026
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          have got no concern with the alleged recovery of liquor. It is

          further submitted that petitioner No. 1 was driver while

          petitioner No. 2 was co-driver of the vehicle. They had no

          knowledge regarding the nature of goods kept in vehicle. The

          petitioners are in custody since 13.11.2025. The petitioner No.

          1 has two criminal antecedents while petitioner No. 2 has 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 petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Excise P.S. case No.

          758 of 2025, subject to the following conditions:

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

          the family of the petitioners.

                       (II) The petitioners shall appear on each and every

          date fixed at the trial. In case of default in such appearance on
           Patna High Court CR. MISC. No.8450 of 2026(2) dt.12-02-2026
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                     two consecutive dates, the Trial Court will have liberty to cancel

                     the bail bonds of the petitioners.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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