Patna High Court
Jyotish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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
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