Patna High Court

Robin KumarversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The Court granted bail to the petitioner, subject to a bond of Rs. 10,000 and two sureties, under Section 482(2) of the BNSS.

Summary

The petitioner, Robin Kumar, was not named in the FIR relating to an alleged illegal liquor trade under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, where 8,128.8 litres of illicit liquor were recovered from two trucks. He contended that he was neither the owner nor the driver of the vehicles and had no conscious physical possession of the seized liquor. The petitioner sought bail, arguing that similar co‑accused had already been granted bail and that he was already on bail in another case. The State opposed the bail application. The Court observed that the recovery was not made from the petitioner's possession and, under Section 482(2) of the BNSS, directed that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions specified.

Issues considered

Whether the petitioner, who is not named in the FIR and had no conscious possession of the seized liquor, is eligible for bail.
Whether the allegations under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, can be attributed to the petitioner.
Whether bail can be granted under Section 482(2) of the BNSS in the present circumstances.

Legislation cited

BNSS — s. 482(2)

Subjects

bail
illegal liquor
Bihar Prohibition and Excise Act
Section 30(a)
Section 482(2)
possession
FIR
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91660 of 2025
                        Arising Out of PS. Case No.-209 Year-2022 Thana- BAUNSI District- Banka
                 ======================================================
                 Robin Kumar S/o Sri Jai Govind Prasad Resident of Mohalla- Gosain Tola,
                 P.O and P.S- Patliputra, and District-Patna Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Harshit Griyaghey
                 For the Opposite Party/s :       Mr.Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-01-2026                    Heard the parties

                                2. The petitioner is not named in the F.I.R. and

                   apprehending his arrest in connection with Bausi P.S. Case

                   No. 209 of 2022 registered for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                                3. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor,

                   where, there is recovery of 8128.8 litres of IMFL/country

                   made liquor.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the recovery was made from two

                   trucks bearing registration no. JH 19 A 1848 and JH 02 N
Patna High Court CR. MISC. No.91660 of 2025(2) dt.09-01-2026
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          017, petitioner is not connected in any manner with alleged

          vehicles, where illicit liquor was recovered. Petitioner is

          neither owner nor the driver of the truck and he was not even

          named in the FIR. It is submitted that recovery is not made

          from conscious physical possession of the petitioner. It is

          further submitted that similarly situated co-accused has

          already granted bail by one of the learned co-ordinate Bench

          of this Court through Cr. Misc. No. 19329 of 2023 vide order

          dated 15.05.2023.              While concluding arguments, it is

          submitted that petitioner found involved in one more criminal

          case, where he is on bail.

                       5. Learned APP, opposes the prayer of bail.

                       6. In view of aforesaid factual submission and by

          taking note of fact, as recovery of illicit liquor has not been

          made from the conscious physical possession of the

          petitioner, accordingly petitioner above-named, in the event

          of his arrest or surrender before the court below within a

          period of four weeks, is directed to be released on bail,

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of
              Patna High Court CR. MISC. No.91660 of 2025(2) dt.09-01-2026
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                        the learned Spl. Excise Court 1, Banka /concerned Court,

                        where the case is pending in connection with Bausi P.S. Case

                        No. 209 of 2022, subject to the conditions as laid down under

                        Section 482(2) of BNSS.



                                                                  (Chandra Shekhar Jha, J)
Sudha/-

U         T

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