Patna High Court

Aman KumarversusThe State of Bihar

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

Holding

Bail was granted to the petitioner subject to monetary and surety conditions and mandatory court appearances.

Summary

Aman Kumar, a driver, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 160 litres of country‑made liquor. The petitioner claimed innocence, stating no incriminating material was found in his possession and that he had no knowledge of the goods. He had been in custody since 16‑10‑2025, had no prior criminal record, and the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the lack of evidence against the petitioner and the duration of his custody, granted bail on condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and mandatory appearance at trial dates. The bail may be cancelled if the petitioner defaults on two consecutive appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Whether the petitioner poses a risk of fleeing or tampering with evidence.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90633 of 2025
                          Arising Out of PS. Case No.-265 Year-2025 Thana- KOPA District- Saran
                 ======================================================
                 Aman Kumar S/o Ramesh Ram Resident of Village- Mukrera, P.S.- Rivilganj,
                 District- Chapra (Saran)
                                                                        ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dheeraj Kumar, Advocate
                 For the Opposite Party/s :        Mr.Md. Iftekhar Mahmood, 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 Kopa

                   P.S. Case No. 265 of 2025, instituted for the offences punishable

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

                                3. The prosecution case, in short, is that total 160

                   liters of country made liquor was recovered from Auto.

                                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. Learned counsel

                   further submitted that the petitioner is driver of the vehicle and

                   he has no knowledge regarding the goods loaded in the vehicle.
           Patna High Court CR. MISC. No.90633 of 2025(2) dt.12-01-2026
                                                       2/2




                     The petitioner is in custody since 16.10.2025 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 Kopa P.S. Case No. 265 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

                     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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