Patna High Court

Anish KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Anish Kumar, was arrested as the driver of a pick‑up vehicle from which 1080 litres of liquor was seized, alleged to be offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no ownership of the vehicle, no knowledge of the contraband, and no incriminating material was found in his possession; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the facts, the petitioner’s clean record, the short period of custody, and the absence of material linking him directly to the offence, the Court inclined to grant bail. The Court ordered release on bail after framing of charge, with a bond of Rs 15,000 and two sureties, subject to conditions including family surety and regular appearance in court. Bail may be cancelled if the petitioner defaults on two consecutive appearances.

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 non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Whether the petitioner’s lack of ownership and knowledge of the seized liquor affects the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition act
driver
section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90250 of 2025
                     Arising Out of PS. Case No.-910 Year-2025 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Anish Kumar Son of Din Dayal Singh Resident of Village- Adalpur, P.S.-
                 Sadar, Dist.- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ashok Kumar Sinha, Advocate
                 For the Opposite Party/s :         Mr. Surendra Kumar, 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

                   Kishanganj Excise P.S. Case No. 910 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 1080 liters

                   liquor was recovered from pick-up vehicle 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.90250 of 2025(2) dt.12-01-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the petitioner is not the

          owner of that vehicle rather he is driver of that vehicle and has

          got no knowledge with regard to the nature of goods loaded in

          the vehicle. The petitioner is in custody since 12.11.2025 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 after framing

          of charge, if not already framed, 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 Kishanganj Excise P.S. Case No. 910

          of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.90250 of 2025(2) dt.12-01-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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