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Patna High Court

Keshav RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Keshav Raj, was arrested in connection with an excise case (Case No. 3099 of 2025) alleging possession of 195 litres of illicit liquor, invoking Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. The prosecution alleged that the liquor was recovered from the tempo in which the petitioner was a passenger, but no liquor was found in his personal possession. The petitioner contended that he was unaware of the contraband, had no prior criminal record, and that there was no compliance with Section 103 of the BNSS, 2023. The State opposed bail, arguing the seriousness of the offence. After considering the lack of incriminating material against the petitioner, his clean antecedents, and the period of custody already served, the Court decided to grant bail on a bond of Rs.15,000 with two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged possession of illicit liquor under the Bihar Prohibition and Excise Act.
  • Whether the lack of material found in the petitioner's conscious possession and non‑compliance with Section 103 of the BNSS, 2023, justify bail.

Legislation cited

Subjects

  • bail
  • excise offence
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 103 BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90949 of 2025
                       Arising Out of PS. Case No.-3099 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Keshav Raj son of Gopal Prasad Resident Of Village- Khajekalan, Near Pani
                 Tanki, Ward No 65, P S- Khajekalan District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sripriya Sinha, Adv.
                 For the Opposite Party/s :         Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner seeks bail in connection with Excise

                   PS, Patna Case No. 3099 of 2025 instituted for the offences

                   under Sections 30(a), 41, 56(b) of the Bihar Prohibition and

                   Excise Act.

                           3.      The prosecution case, in short, is that 195 liters

                   liquor was recovered from the tempo.

                           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. The petitioner
           Patna High Court CR. MISC. No.90949 of 2025(2) dt.13-01-2026
                                                       2/2




                     was merely passenger of the auto in question and he was not

                     aware of the illicit liquor loaded on the vehicle. The petitioner is

                     in custody since 10.11.2025 and has got no criminal antecedent.

                     There is no compliance of Section 103 of the BNSS, 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 PS, Patna

                     Case No. 3099 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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