Priyanshu Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Priyanshu Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed: petitioners directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-5, Gaya/concerned court, in connection with Bahera P.S. Case No. 51 of 2026, subject to the condition laid down under Section 480(3) of the BNSS and additional conditions: (i) one of the bailors to be a close relative of the petitioners; (ii) presence on each and every date fixed by the court below if so required; (iii) bail bond liable to cancellation on absence on three consecutive dates or violation of the terms of bail.

Issue for consideration

Whether the petitioners are entitled to be released on bail in connection with Bahera P.S. Case No. 51 of 2026, registered for offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Court's answer

Having regard to the facts, circumstances and submissions of the parties, and considering the petitioners' clean antecedent, submission of charge sheet and period of custody, the petitioners were directed to be released on bail on bonds of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise-5, Gaya/concerned court, subject to the condition laid down under Section 480(3) of the BNSS and further conditions ((i) one bailor a close relative; (ii) presence on each trial-court date if required; (iii) bail bond liable to cancellation on absence on three consecutive dates or breach of terms).

Detailed headnote1 paragraphs

BAIL GRANTED (oral order) - Patna High Court Cr. Misc. No.42897 of 2026 (Arun Kumar Jha, J.), decided 01-07-2026: petitioners, stated to be driver and cleaner of a truck carrying 4518.720 litres of foreign liquor concealed beneath tarpaulin and stone chips, in custody since 25.03.2026 in Bahera P.S. Case No. 51 of 2026 (Gaya) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022; charge sheet submitted and antecedents clean; released on bail on bonds of Rs.10,000/- each with two like sureties to the satisfaction of the Exclusive Special Judge, Excise-5, Gaya, subject to Section 480(3) BNSS conditions and attendance/breach conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42897 of 2026

Arising Out of PS. Case No.-51 Year-2026 Thana- Bahera District- Gaya

======================================================

Priyanshu Kumar S/o Budhan Prasad @ Budhan Yadav Resident of VillageSanpaha, P.S.- Maheshkhunt, District- Khagaria

Niraj Yadav S/o Ramakant Yadav Resident of Village- Thatha, P.S.- Mansi, District- Khagaria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Vinod Kumar, Advocate For the Opposite Party/s : Mrs.Shaheen Begum, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 01-07-2026

Heard learned counsel for the petitioners and learned

APP for the State.

In the present case, the petitioners seek bail in connection with Bahera P.S. Case No. 51 of 2026, registered on 25.03.2026 for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

As per the prosecution case, the petitioners were apprehended transporting illicit liquor on their truck and they are stated to be its driver and cleaner. Recovery of 4518.720 litres of foreign liquor was made from the truck which was concealed beneath tarpaulin and stone chips.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.42897 of 2026(2) dt.01-07-2026 2/3

petitioners submits that the petitioners are innocent and have been falsely implicated in this case. They have not committed any offence. The seized liquor was not loaded in the presence of the petitioners who were under the impression that they were transporting stone chips. Nothing incriminating has been recovered from the conscious possession of the petitioners. Petitioners are having clean antecedent and they are in custody since 25.03.2026. Charge sheet has been submitted.

Learned APP appearing for the State opposes the submission made on behalf of the petitioners. Learned APP for the State submits that huge quantity of illicit liquor was being transported by the petitioners.

Having regard to the fact and circumstances and submission made on behalf of the parties and considering the clean antecedent of the petitioners, submission of charge sheet and their period of custody, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-5, Gaya/concerned court, in connection with Bahera P.S. Case No. 51 of 2026, subject to the condition laid down under Section 480(3) of the BNSS and other following

Patna High Court CR. MISC. No.42897 of 2026(2) dt.01-07-2026 3/3

conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J)

Anuradha/-

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