Patna High Court
Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner despite the antecedents and non‑compliance with Section 103, subject to bond and sureties.
Summary
The petitioner, Ramesh Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 79.25 litres of liquor were recovered from his joint house. He claimed innocence, arguing that the liquor was found in a house shared with other family members and that no incriminating material was found in his personal possession. The prosecution opposed bail, citing his two prior criminal antecedents and the fact that he had been in custody since 22‑12‑2025. The court noted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, but considered the length of custody and the circumstances of the recovery. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties of equal amount. The petitioner was ordered to be released on bail.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, prior convictions, and custody period.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- criminal antecedents
- joint house
- custody period
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7932 of 2026
Arising Out of PS. Case No.-581 Year-2025 Thana- BARH District- Patna
======================================================
Ramesh Kumar Son of Kapil Prasad Resident of Village- Umanath, P.S.-
Barh, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhim Sen Prasad, Advocate
For the Opposite Party/s : Mr.Nand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Barh
P.S. Case No. 581 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 79.25
liters liquor was recovered from the house of the petitioner.
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
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner further submitted that the recovery has been
made from joint house of the petitioner, where other family
Patna High Court CR. MISC. No.7932 of 2026(2) dt.10-02-2026
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members also reside. The name of the petitioner has been
disclosed by the local Chowkidar. The petitioner is in custody
since 22.12.2025 and has got two criminal antecedents. 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 Barh P.S. Case No.
581 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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