Patna High Court
Kishan Kumar @ Ravi Kishan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioner.
Summary
Kishan Kumar was arrested in connection with a case alleging possession of 213 litres of Nepali liquor, violating Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that no incriminating material was found in his personal possession and that he had no link to the recovered liquor, a motorcycle, or a house. He had been in custody since 3 November 2025 and possessed one prior criminal antecedent, with the prosecution not complying with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court, after considering the facts and the period of custody, 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 under the Bihar Prohibition and Excise Act offences considering the nature of the alleged offence, custody period, and prior antecedent.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- possession of liquor
- criminal procedure
- Section 103
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1066 of 2026
Arising Out of PS. Case No.-500 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Kishan Kumar @ Ravi Kishan Kumar S/O Shankar Sah R/O Village-
Mathiyadih, P.S- Chhatauni, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Chhatauni P.S. Case No. 500 of 2025, instituted for the offences
punishable under Section 30(a), 41(1) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 213
liters of Nepali liquor was recovered from motorcycle, out of
which 180 litres of liquor was recovered from house.
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. The petitioner
Patna High Court CR. MISC. No.1066 of 2026(2) dt.19-01-2026
2/2
has no concern with the alleged motorcycle and house. The
petitioner is in custody since 03.11.2025 and has got one
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 Chhatauni P.S. Case
No. 500 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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