Patna High Court
Lalu Kumar @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- B.N.S.S. — s. 103
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
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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
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