Patna High Court
KHUBLAL KUMAR @ KHUBLAL PRASADversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner under the circumstances.
Summary
The petitioner, Khublal Kumar, was arrested in connection with an excise case where 95 litres of liquor were recovered from a motorcycle and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, as no liquor was found in his personal possession, and argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. Considering the lack of direct possession, the duration of custody since 4‑December‑2025, and the procedural lapse, the Court decided to grant bail. The petitioner was ordered to be released on a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act when the seized liquor was not in his personal possession.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
Legislation cited
Subjects
- bail
- excise offence
- liquor seizure
- false implication
- Section 30(a)
- Section 103
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10174 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- EXCISE ARERAJ District- East
Champaran
======================================================
KHUBLAL KUMAR @ KHUBLAL PRASAD
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manjeet Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
Areraj P.S. Case No. 223 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 95 litres
of liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from motorcycle. Learned counsel further submitted that
Patna High Court CR. MISC. No.10174 of 2026(3) dt.24-02-2026
2/2
petitioner is in no manner connected with the alleged recovery
of liquor. The petitioner is in custody since 04.12.2025 and has
one criminal antecedent. There is no compliance of Section 103
of the Bharatiya Nagarika 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 as also 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 Excise Areraj P.S.
Case No. 223 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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