Created by Fuzzy Cloud

Patna High Court

Jyotish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Jyotish Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 87.51 litres of liquor were recovered from a tempo. He contended that he was falsely implicated, that no incriminating article was found in his possession, and that he had no link to the vehicle or the liquor, nor any prior criminal record. The State opposed his bail, while the petitioner argued that the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. Considering the lack of direct evidence, the petitioner’s clean record, and the period of custody since 19‑11‑2025, the Court decided to grant bail. The bail was set at Rs. 15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and procedural safeguards.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • false implication
  • criminal procedure
  • Section 30(a)
  • Section 103
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10398 of 2026
                        Arising Out of PS. Case No.-375 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Jyotish Kumar S/O Shri Chhanguri Shah Resident of Parmanpur Ward no. 10,
                 P.S- Bihariganj, District- Madhepura.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bidhu Ranjan, Advocate
                                                   Ms. Priti, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, 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 Jokihat

                   P.S. Case No. 375 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 87.51

                   litres of liquor was recovered from tempo.

                               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. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in

                   question or the alleged recovery of liquor. The petitioner is in
           Patna High Court CR. MISC. No.10398 of 2026(3) dt.24-02-2026
                                                       2/2




                     custody since 19.11.2025 and has no 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 Jokihat P.S. Case No.

                     375 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.