Patna High Court
ParveshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- B.N.S.S., 2023 — s. 103
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
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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
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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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