Patna High Court
Kshitij RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Kshitij Raj, was arrested as the driver of a vehicle from which 150 litres of liquor was seized, alleged to be in violation of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, was not the owner of the car, and that no incriminating material was found in his possession. The petitioner also highlighted his clean criminal record and the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, after considering the circumstances and the period of custody, decided to grant 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 driver accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the lack of possession and the petitioner’s claim of ignorance of the goods justify bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is a bar to bail.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- driver liability
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90199 of 2025
Arising Out of PS. Case No.-980 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Kshitij Raj S/O Santosh Kumar @ santosh kumar akela Resident of Village-
Kusha Narayanpur, P.S- Hussainabad, Distt.- Palamu (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar No.6, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 980 of 2025, instituted for the offences punishable
under Sections 30(a) and 32(3) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 150 liters
liquor was recovered from car and the petitioner was arrested on
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
Patna High Court CR. MISC. No.90199 of 2025(2) dt.12-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner is not the
owner of the car in question rather he was driver of that car and
has got no knowledge with regard to the nature of goods loaded
in the vehicle. The petitioner is in custody since 16.09.2025 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 P.S. Case No.
980 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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