Patna High Court
Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to cash bond, sureties and conditions of appearance.
Summary
The petitioner, Neeraj Kumar, was arrested on 04‑12‑2025 after 97.2 litres of liquor were recovered from a car he was driving, and a bail petition was filed under the Bihar Prohibition and Excise Act. The prosecution alleged that the liquor was contraband, invoking Sections 30(a), 32(i)(iii) and 42(i)(ii) of the Act, while the defence argued that the petitioner was merely a driver with no knowledge of the cargo and had no criminal record. The defence also highlighted the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which requires certain procedural safeguards. The State opposed bail, contending the seriousness of the offence and risk of non‑appearance. After considering the facts, the court found the petitioner’s claim of innocence credible and the period of custody already served, and therefore granted bail subject to a cash bond and sureties, with conditions for regular appearance. The bail order was issued by Justice Rudra Prakash Mishra.
Issues considered
- What is the appropriateness of granting bail to the petitioner under the Bihar Prohibition and Excise Act?
- Whether the petitioner, as a driver, can be deemed to have conscious possession of the seized liquor.
- Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- driver liability
- conscious possession
- Section 103
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91167 of 2025
Arising Out of PS. Case No.-730 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Neeraj Kumar S/O Ashok Thakur R/O VILLAGE- KUDRA, WARD NO. 14 ,
P.S.- KUDRA, DISTRICT- KAIMUR AT BHABUA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bhabua
Excise P.S. Case No. 730 of 2025, instituted for the offences
punishable under Sections 30(a), 32(i)(iii) and 42(i)(ii) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 97.200 liters
liquor was recovered from car and the petitioner was arrested on
spot.
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
Patna High Court CR. MISC. No.91167 of 2025(2) dt.19-01-2026
2/3
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner is not the
owner of the car in question rather he is driver of that car and
has got no knowledge with regard to the nature of goods loaded
in the vehicle. The petitioner is in custody since 04.12.2025 and
has got no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhabua Excise P.S.
Case No. 730 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
Patna High Court CR. MISC. No.91167 of 2025(2) dt.19-01-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…