Patna High Court

SAULESH KUMAR @ SAULESH KUMAR SINGHversusThe State of Bihar

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

Holding

The court granted bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Saulesh Kumar, a driver, was arrested in connection with the recovery of 185 litres of liquor from a vehicle and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, no incriminating material was found on him, and that he was falsely implicated. The State opposed bail, citing his two prior criminal antecedents and the lack of compliance with Section 103 of the B.N.S.S., 2023. Considering the circumstances, the court found the petitioner’s claim of innocence credible and, despite the antecedents, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and subject to conditions regarding family surety, appearance in court, and non‑commission of similar offences.

Issues considered

Whether bail should be granted to the accused driver under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act despite prior criminal antecedents and procedural non‑compliance.

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
excise offence
liquor seizure
driver liability
criminal antecedents
Bihar Prohibition and Excise Act
Section 103 B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9058 of 2026
                        Arising Out of PS. Case No.-11 Year-2026 Thana- Excise P.S. District- Gaya
                 ======================================================
                 Saulesh Kumar @ Saulesh Kumar Singh S/O Vinay Kumar @ Vinay Singh
                 R/O Village- Dulha, P.S.- Rajpur, Dist.- Chatra, Jharkhand

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sunil Kumar, Advocate
                 For the Opposite Party/s :        Mr.Syed Ehteshamuddin, 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 Excise P.S. case No. 11

                   of 2026 instituted for the offences under Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 185 liters

                   liquor was recovered from car.

                               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 no concern with the alleged recovery of liquor. It is

                   further submitted that the petitioner is driver of the vehicle in
Patna High Court CR. MISC. No.9058 of 2026(2) dt.12-02-2026
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          question and he had no knowledge regarding nature of goods

          kept in the vehicle. The petitioner is in custody since 04.01.2026

          and has got two criminal antecedents. 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 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 Excise P.S. case No.

          11 of 2026, 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 and shall not remain absent on two consecutive

          dates without sufficient cause.

                       (III) Petitioner shall not commit offence of similar

          nature in future.

                       If any of the above conditions are violated, the Trial
           Patna High Court CR. MISC. No.9058 of 2026(2) dt.12-02-2026
                                                       3/3




                     Court shall be at liberty to              cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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