Created by Fuzzy Cloud

Patna High Court

Lalu Kumar @ Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Lalu Kumar, was arrested in connection with an Excise case (No. 573 of 2025) for alleged possession of 200 litres of country-made liquor recovered from an auto. He contended that he was merely a passenger, not the driver or owner, and had no knowledge of the contraband, asserting his innocence despite having one prior criminal antecedent and being in custody since 04-11-2025. The prosecution opposed bail, citing the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The court noted the petitioner’s clean antecedent, lack of incriminating material in his possession, and non‑compliance with Section 103 of the B.N.S.S. It therefore decided to grant bail. The bail was set at a cash bond of Rs.10,000 with two sureties of the same amount, subject to the court’s satisfaction.

Issues considered

  • Whether bail should be granted to the accused in an Excise case involving alleged possession of illicit liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, considering his alleged role as a passenger, prior criminal antecedent, and compliance with Section 103 of the B.N.S.S.

Legislation cited

Subjects

  • bail
  • excise law
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • Section 30
  • Section 32
  • Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87653 of 2025
                        Arising Out of PS. Case No.-573 Year-2025 Thana- Excise P.S. District- Gaya
                 ======================================================
                 Lalu Kumar @ Vikash Kumar Son of Karu Yadav Resident of Village - Isarwe
                 Tola Damka, P.S. - Fatehpur, District - Gaya Ji (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Man Mohan Kumar, Adv.
                 For the Opposite Party/s :         Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Excise

                   PS Case No. 573 of 2025 instituted for the offences under

                   Sections 30(a) and 32(3) of the Bihar Prohibition and Excise

                   Act.

                                3. The prosecution case, in short, is that total 200

                   litres of country made liquor was recovered from Auto.

                                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. It is submitted
           Patna High Court CR. MISC. No.87653 of 2025(2) dt.13-01-2026
                                                        2/2




                     that the petitioner is neither the driver nor the owner of the

                     seized vehicle. It is next submitted that petitioner was merely

                     passenger in the vehicle and he has no knowledge regarding the

                     nature of goods kept in the vehicle. The petitioner is in custody

                     since 04.11.2025 and has one criminal antecedent. There is no

                     compliance of Section 103 of B.N.S.S.

                                   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 of the petitioner 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.10,000/- (Ten thousand) with two sureties of

                     the    like     amount      each     to    the       satisfaction   of   Court

                     below/concerned Court in connection with Excise PS Case No.

                     573 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.