Patna High Court
Jimdar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioners, subject to specified conditions.
Summary
The petitioners, Jimdar Kumar and Vikesh Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 200 litres of country-made liquor recovered from a motorcycle. They claimed innocence, stating they neither owned the motorcycle nor had any concern with the liquor, and highlighted the absence of incriminating material in their possession. The State opposed bail, citing their three prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023. After considering the facts, custody period since 16‑12‑2025, and the petitioners' claims, the Court decided to grant bail. The bail was set at Rs.15,000 each with two sureties, subject to conditions including family surety, regular appearance, and possible cancellation on default.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering their custody period, prior criminal antecedents, and non‑compliance with Section 103 of the BNSS, 2023.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition and excise
- Section 30(a)
- Section 103
- criminal antecedents
- custody
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10203 of 2026
Arising Out of PS. Case No.-807 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Jimdar Kumar S/O Bhadai Mukhiya R/O Village- Harakaina (Harkaina),
P.S- Muffasil, Distt.- East Champaran.
2. Vikesh Kumar S/O Ramnandi Mukhiya R/O Village- Harakaina (Harkaina),
P.S- Muffasil, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with
Muffasil PS Case No. 807 of 2025 instituted for the offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 200 liters
country made liquor was recovered from motorcycle.
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
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. It is
submitted that petitioners are not the owner of the motorcycle in
Patna High Court CR. MISC. No.10203 of 2026(3) dt.10-03-2026
2/2
question and they have no concern with the same. The
petitioners are in custody since 16.12.2025 and have got three
criminal antecedent/s each. There is no compliance of Section
103 of the BNSS, 2023.
5. Learned A.P.P. 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 the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Muffasil PS Case
No. 807 of 2025, subject to the following conditions:
(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)
Raj Kishore/-
U T
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