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Patna High Court

Rajan Kumar @ Rajan Kumar KeshriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner.

Summary

The petitioner, Rajan Kumar, was arrested as the driver of a pick‑up van from which 899.16 litres of country‑made liquor was recovered, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the nature of the goods, that no incriminating material was found in his personal possession, and that he has a clean criminal record and has been in custody since 15 September 2025. The State opposed his bail application, arguing the seriousness of the offence. The court noted the absence of material linking the petitioner directly to the liquor, the lack of compliance with Section 103 of the BNSS, 2023, and the petitioner’s long pre‑trial detention. Consequently, the court granted bail on the condition of a Rs 15,000 bond with two sureties, subject to framing of charge if not already done.

Issues considered

  • Whether bail should be granted to a driver accused under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of illicit liquor.
  • Whether the requirements of Section 103 of the BNSS, 2023, have been satisfied in the bail application.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal procedure
  • Section 30(a)
  • driver
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.884 of 2026
                      Arising Out of PS. Case No.-260 Year-2025 Thana- TURKI KHARARU District-
                                                       Muzaffarpur
                 ======================================================
                 Rajan Kumar @ Rajan Kumar Keshri S/o- Ranjit Prasad Keshri R/v- Sudin
                 chauk ward no 24 Bhatta Bazar tatmatoli PS- Manrga District Purniya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Yugal Kishore, Adv.
                 For the Opposite Party/s :      Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Turki PS

                   Case No. 260 of 2025 instituted for the offences under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 899.16 liters of

                   country made liquor was recovered from the pick-up van and

                   the petitioner was arrested on the 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

                   no concern with the alleged recovery of liquor. Learned counsel
           Patna High Court CR. MISC. No.884 of 2026(2) dt.19-01-2026
                                                       2/2




                     for the petitioner submits that the petitioner is the driver of the

                     vehicle in question and he has no knowledge regarding the

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

                     since 15.09.2025 and has got clean criminal antecedent. There is

                     no compliance of Section 103 of the BNSS, 2023.

                             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 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, after framing

                     of charge, if not already framed, on furnishing bail bonds of

                     Rs.15,000/- (Fifteen thousand) with two sureties of the like

                     amount each to the satisfaction of Court below/concerned Court

                     in connection with Turki PS Case No. 260 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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