Patna High Court

Niraj KumarversusThe State of Bihar

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

Holding

The Court granted bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Niraj Kumar, was arrested as the driver of a vehicle from which 270 litres of liquor was seized, and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, had no incriminating material in his possession, and possessed a clean criminal record. The State opposed bail, arguing the seriousness of the offence. The Court considered the petitioner’s lack of prior convictions, his role as a driver without knowledge of the goods, and the absence of compliance with Section 103 of the B.N.S.S., 2023, and decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance before the trial court.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the petitioner’s role as a driver and lack of knowledge of the contraband justify bail
Whether non‑compliance with Section 103 of the B.N.S.S., 2023 precludes bail

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
excise
prohibition
Section 30(a)
driver
possession
criminal procedure
Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9047 of 2026
                       Arising Out of PS. Case No.-160 Year-2025 Thana- BHIMPUR District- Supaul
                 ======================================================
                 Niraj Kumar Son of Late Indranand Yadav Resident of Village- Barhara ward
                 no. 07, P.S.- Narpatganj, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :       Mr.Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Bhimpur P.S. case No.

                   160 of 2025, S.T. Excise No. 1260 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                               3. The prosecution case, in short, is that 270 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
Patna High Court CR. MISC. No.9047 of 2026(2) dt.12-02-2026
                                            2/3




          has got no concern with the alleged recovery of liquor. It is

          further submitted that the petitioner is driver of the vehicle in

          question and he had no knowledge regarding nature of goods

          kept in the vehicle. The petitioner is in custody since 16.12.2025

          and has got no criminal antecedent. There is no compliance of

          Section 103 of B.N.S.S., 2023.

                      5. Learned A.P.P. 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, clean antecedent                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/- (Fifteen thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Bhimpur P.S. case

          No. 160 of 2025, S.T. Excise No. 1260 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.9047 of 2026(2) dt.12-02-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

Continue reading with your account

Checking your session…