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Patna High Court

Neeraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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