Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is to be granted as the petitioner, being merely a driver, had no knowledge of the contraband and no incriminating material was found against him.
Summary
The petitioner, Sonu Kumar, a driver of an e‑rickshaw, was arrested in connection with the recovery of 75 litres of country‑made liquor from his vehicle and charged under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, that no incriminating material was found in his possession, and that he had no prior criminal record. The State opposed bail, but the court noted the petitioner’s role as a driver without knowledge of the goods and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these circumstances and the period of custody already served, the court granted bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner charged under the Bihar Prohibition and Excise Act.
- Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied in the petitioner’s detention.
Legislation cited
Subjects
- bail
- excise
- liquor
- driver
- possession
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.893 of 2026
Arising Out of PS. Case No.-3207 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Sonu Kumar S/o- Shree Niru Prasad R/v- Ghagha Ghat, Ps- Sultanganj Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar, Advocate
For the Opposite Party/s : Mr.Binod Kumar, A.P.P.
======================================================
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 Excise
Patna P.S. Case No. 3207 of 2025, instituted for the offences
punishable under Sections 30(a), 41 and 56(b) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 75 liters
of country made liquor was recovered from E-Rickshaw.
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
further submitted that the petitioner is driver of the vehicle and
Patna High Court CR. MISC. No.893 of 2026(2) dt.19-01-2026
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he has no knowledge regarding the goods loaded in the vehicle.
The petitioner is in custody since 13.11.2025 and has got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik 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 Excise Patna P.S.
Case No. 3207 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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