Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
Vishal Kumar was arrested after 110 litres of illicit country-made liquor were recovered from a vehicle, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he was neither the owner nor driver of the vehicle, had no knowledge of the contraband, and that no incriminating material was found on his person. He also argued that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and highlighted his lack of prior criminal record and the length of his custody since 1 January 2026. The State opposed bail, but the Court, considering the circumstances and the petitioner’s custody period, decided to grant bail. The petitioner was ordered to be released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with
Legislation cited
Subjects
- bail
- prohibition
- excise
- liquor
- Section 30(a)
- Bihar
- criminal procedure
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10019 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- AKHODHIGOLA District- Rohtas
======================================================
Vishal Kumar Son of Dudhnath Singh R/o Village - Dhankadha, P.S.
-Dhoudad, Dist. - Rohtas(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Akorhigola P.S. Case No. 507 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 110
liters of country made liquor was recovered from Auto.
Petitioner was arrested on the spot.
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
Patna High Court CR. MISC. No.10019 of 2026(2) dt.19-02-2026
2/2
further submitted that the petitioner was neither owner nor
driver of the vehicle and he has no knowledge regarding nature
of goods loaded on the vehicle. The petitioner is in custody
since 01.01.2026 and has 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 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 Akorhigola P.S.
Case No. 507 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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