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Patna High Court

ParveshversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to all petitioners, subject to specified conditions.

Summary

The petitioners were arrested after police recovered 134.280 litres of liquor from a vehicle and were charged under Section 30(a) of the Bihar Prohibition and Excise Act. They argued that the first petitioner was merely the driver and the others were passengers, had no knowledge of the contraband, and no incriminating material was found on them; they also pointed out their clean record and the non‑compliance of Section 103 of the B.N.S.S., 2023. The State opposed the bail application. Considering the lack of direct evidence, the period of custody since 12 January 2026, and the statutory provisions, the Court decided to grant bail. Petitioner No. 1 was ordered to be released after charge‑framing, while petitioners Nos. 2‑4 were to be released on bail bonds of Rs.15,000 each with two sureties, subject to conditions of family surety and regular appearance in court.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the circumstances of the case
  • Whether the requirements of Section 103 of the B.N.S.S., 2023 have been complied with for granting bail

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • Section 30
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • driver
  • passenger
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9073 of 2026
                        Arising Out of PS. Case No.-6 Year-2026 Thana- Excise P.S. District- Bhojpur
                 ======================================================
           1.     Parvesh S/O Vijay Pal Singh R/O F222 Shukurpur, J.J. Colony, P.S-
                  Sarswati, Bihar, Distt.- Delhi.
           2.    Manish Sharma S/O Late Mahavir Prasad Sharma @ Late Mahavir Sharma
                 R/O Jwala Singh Chowk, Tarsem Colony, P.S- Haivowal, Distt- Ludhiyana
                 (Panjab).
           3.    Jay Kishan S/O Ramdayal R/O Premnagar Kirari, P.S- Satarfoot Chauki,
                 Distt.- Delhi.
           4.    Rahul Kumar S/O Shri Ganga Sharan Singh R/O Durga Chowk, Premangar
                 Kirari, P.S- Satafoot Chauki, Distt.- Delhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Navin Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr.Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   learned APP for the State.

                                2. The petitioners seek bail in Excise Ara P.S. case No.

                   06 of 2026 instituted for the offences under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 134.280 liters

                   liquor was        recovered from car and all the petitioners were

                   arrested on spot.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.9073 of 2026(2) dt.12-02-2026
                                            2/3




          present case.       No incriminating material has been recovered

          from the conscious possession of the petitioners. The petitioners

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

          further submitted that petitioner No. 1 is driver whereas

          petitioner Nos. 2 to 4 were sitting as passenger in the vehicle.

          They had no knowledge regarding the nature of goods kept in

          vehicle. The petitioners are in custody since 12.01.2026 and

          have 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 petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioner No. 1 be released on bail after

          framing of charge, if not already framed, whereas petitioner

          Nos. 2 to 4 be released on bail, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) each with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Excise Ara P.S. case No. 06 of 2026, subject

          to the following conditions:

                       (I) One of the bailors shall be own/close member of
           Patna High Court CR. MISC. No.9073 of 2026(2) dt.12-02-2026
                                                       3/3




                     the family of the petitioners.

                                  (II) The petitioners 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 petitioners.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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