Patna High Court

Rikki 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

Rikki Kumar, a driver, was arrested in connection with the recovery of 120 litres of country-made liquor from an e‑rickshaw, alleged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no knowledge of the liquor, was not in possession, and had no prior criminal record, also contending that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. The State opposed bail. The High Court, after considering the facts and the period of custody, decided to grant bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and to appear at every trial date. The bail was conditioned on compliance with these terms and the possibility of cancellation on default.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Whether the petitioner’s role as a driver without knowledge of the contraband negates the charge of possession.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
possession
driver
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
Section 103
criminal procedure
no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90440 of 2025
                   Arising Out of PS. Case No.-942 Year-2025 Thana- EXCISE DANAPUR District- Patna
                 ======================================================
                 Rikki Kumar S/o Late Ramu Singh R/o Shivpur Tikiyatoli, Mahendru Post
                 Office, P.S.- Sultanganj, District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nityanand Kumar, Advocate
                 For the Opposite Party/s :      Mr.Md. Anzarul Haque Sahara, A.P.P.
                 ======================================================
                 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. Danapur Case No. 942 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 total 120

                   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
Patna High Court CR. MISC. No.90440 of 2025(2) dt.12-01-2026
                                            2/3




          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 he has no knowledge

          regarding the goods loaded in the vehicle. The petitioner is

          in custody since 14.11.2025 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 Excise

          P.S. Danapur Case No. 942 of 2025, subject to the following

          conditions:
           Patna High Court CR. MISC. No.90440 of 2025(2) dt.12-01-2026
                                                       3/3




                                  (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 consecutive dates, the Trial Court will have liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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