Patna High Court
OmprakashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioners, subject to bond and conditions.
Summary
The petitioners, Omprakash and Manish Kumar, were arrested after 135 litres of liquor were recovered from an auto, and were charged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. They contended that they were merely a driver and a passenger, had no knowledge of the contraband, and that no incriminating material linked them to the liquor. The petitioners also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed to their prior criminal antecedents. The State opposed the bail application. Considering the circumstances, the court granted bail to both petitioners, subject to a bond of Rs.15,000 each, two sureties, and conditions regarding appearance in court.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars bail.
- Whether the petitioners' prior criminal antecedents preclude the grant of bail.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- Section 30(a) Bihar Prohibition and Excise Act
- Section 32 Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8181 of 2026
Arising Out of PS. Case No.-775 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
1. Omprakash S/O Late Shideni Sah @ Late Shivdeni Sah Resident of Villgae-
Siyaraha, P.S- Tareya Sujan, District- Khushinagar (Uttar Pradesh).
2. Manish Kumar Sah S/O Sashrath Sah @ Dashrath Sah Resident of Villlage-
Bankata, P.S- Gopalpur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with Excise
P.S. Case No. 775 of 2025, instituted for the offences punishable
under Sections 30(a) and 32 of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 135 liters
liquor was recovered from auto and both the petitioners were
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.8181 of 2026(2) dt.10-02-2026
2/3
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioner also submitted that the petitioners are
not the owner of the auto in question rather petitioner no. 1 is
driver and petitioner no. 2 is passenger of that vehicle and both
of them have got no knowledge with regard to the nature of
goods loaded in the vehicle in question. The petitioners are in
custody since 22.11.2025 and have got one criminal antecedent
each. 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 petitioner no. 1 be released on bail after
framing of charge, if not already framed, and petitioner no. 2
be released 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 Excise P.S. Case No. 775 of 2025, subject to
the following conditions:
Patna High Court CR. MISC. No.8181 of 2026(2) dt.10-02-2026
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(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
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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