Patna High Court

Rintu KumarversusThe State of Bihar

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

Holding

The court granted bail to the petitioner subject to monetary and procedural conditions.

Summary

The petitioner, Rintu Kumar, was arrested in connection with a case alleging that 255.90 litres of illicit liquor were recovered from a tempo, charging him under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver and had no knowledge of the contraband, asserting innocence and pointing out the absence of any incriminating material in his possession. The State opposed bail, while the petitioner’s counsel highlighted his two prior criminal antecedents and the lack of compliance with Section 103 of the BNSS, 2023. After considering the facts, the court found no sufficient ground to keep the petitioner in custody and ordered bail. Bail was granted on the condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and the petitioner must appear at every trial date, with cancellation possible after two consecutive defaults.

Issues considered

Whether bail should be granted to the petitioner under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the BNSS, 2023 precludes bail.
Whether the petitioner’s role as driver without knowledge of the illicit liquor negates criminal liability.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
excise
illicit liquor
driver
Section 30
Section 32
Bihar Prohibition and Excise Act
Section 103
BNSS 2023
criminal antecedent
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91004 of 2025
                   Arising Out of PS. Case No.-439 Year-2025 Thana- EXCISE PUPRI District- Sitamarhi
                 ======================================================
                 Rintu Kumar S/o Shiv Shankar Ray Resident of Village- Bariyarpur, P.S.-
                 Sitamarhi, Dist.- Sitamarhi


                                                                                   ... ... Petitioner/s
                                                       Versus


                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dwij Raj, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, APP
                 ======================================================
                 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 Pupri

                   Excise PS Case No. 439 of 2025 instituted for the offences

                   under Section/s 30(a) & 32(c) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 255.90 liters

                   liquor was recovered from 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
Patna High Court CR. MISC. No.91004 of 2025(2) dt.12-01-2026
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          no concern with the alleged recovery of liquor. It is submitted

          that name of the petitioner has surfaced in this case as being

          driver of the vehicle in question and he was oblivious of the fact

          that illicit liquor was laden in the vehicle. The petitioner is in

          custody since 13.10.2025 and has got two criminal antecedent/s.

          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, after framing

          of charge, if not already framed, 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 Pupri Excise PS Case No. 439 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
           Patna High Court CR. MISC. No.91004 of 2025(2) dt.12-01-2026
                                                       3/3




                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T

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