Patna High Court

Raju KumarversusThe State of Bihar

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

Holding

The Court held that bail should be granted to the petitioners subject to prescribed conditions.

Summary

The petitioners, Raju Kumar and Ujjwal Kumar, were arrested in connection with the recovery of 1779.84 litres of liquor from a truck and charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. They contended that they were merely the driver and cleaner of the vehicle, had no ownership interest, and that no incriminating material was found on them; they also argued that the procedural safeguards of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 were not complied with. The State opposed the bail application. After considering the lack of prior criminal record, the length of custody since 23‑11‑2025, and the petitioners’ claim of innocence, the Court inclined to grant bail. The Court ordered release on bail with a bond of Rs.15,000 each, two sureties, and conditions regarding family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Whether the petitioners’ role as driver/cleaner and lack of prior record justify bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 41(1)
Section 103
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
driving employee
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91718 of 2025
                       Arising Out of PS. Case No.-467 Year-2025 Thana- MAIRWAN District- Siwan
                 ======================================================
           1.     Raju Kumar S/o- Chandeshwar Sahni Resident of village- Mansurpur
                  Halaiya PS-Goraul Dist- Vaishali
           2.    Ujjwal Kumar S/o- Baijnath Sahani Resident of village- Mansurpur Halaiya
                 PS-Goraul Dist- Vaishali

                                                                                  ... ... 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 petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in connection with

                   Mairwa P.S. Case No. 467 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 41(1) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 1779.840

                   liters liquor was recovered from truck and the petitioner was

                   arrested on spot.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.91718 of 2025(2) dt.19-01-2026
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          the conscious possession of the petitioners. The petitioners have

          got no concern with the alleged recovery of liquor. Learned

          counsel for the petitioner also submits that the petitioners are

          not the owner of the truck rather they are driver and cleaner of

          the truck in question. The petitioners are in custody since

          23.11.2025 and have 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 petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

          two sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Mairwa P.S. Case

          No. 467 of 2025, subject to the following conditions;

                       (I) One of the bailors shall be own/close member of

          the family of the petitioners.

                       (II) The petitioners shall appear on each and every

          date fixed at the trial. In case of default in such appearance on
             Patna High Court CR. MISC. No.91718 of 2025(2) dt.19-01-2026
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                       two consecutive dates, the Trial Court will have liberty to cancel

                       the bail bonds of the petitioners.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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