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Patna High Court

Kshitij RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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