Patna High Court
Keshav RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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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