Patna High Court

Vivek KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Vivek Kumar, a cleaner of a truck, was arrested on 10‑12‑2025 after 1,364.250 litres of liquor were seized from the vehicle, leading to charges under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act. The petitioner contended that he neither owned nor drove the truck, had no knowledge of the cargo, and that no incriminating material was found in his possession. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed to his two prior criminal antecedents for which he was already out on bail. The State opposed the bail application. Considering the petitioner’s limited role, the absence of direct evidence, and the period of custody already served, the Court granted bail subject to a cash bond of Rs.15,000 and two sureties, with conditions regarding family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the accused in offences under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
liquor seizure
Section 103
Bharatiya Nagarik Suraksha Sanhita
high court
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91627 of 2025
                      Arising Out of PS. Case No.-524 Year-2025 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Vivek Kumar S/o- Rajesh Prasad Resident of Village- Rai Sati Mandir Purani
                 Bazar Ward No- 09 PS- Town Dist- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, 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

                   Jandaha P.S. Case No. 524 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 36 of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that 1364.250

                   liters liquor was recovered from truck 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

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.91627 of 2025(2) dt.19-01-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the petitioner is neither

          owner nor driver of the truck in question rather he is cleaner of

          that vehicle and has got no knowledge with regard to the nature

          of goods loaded in the vehicle. The petitioner is in custody since

          10.12.2025 and has got two criminal antecedents in which he is

          on bail. 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 Jandaha P.S. Case

          No. 524 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.91627 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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