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Patna High Court

Umesh Kumar @ NankiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to monetary and procedural conditions.

Summary

The petitioner, Umesh Kumar, was arrested in connection with the recovery of 192 litres of spirit from a CNG tempo and charged under Sections 30(a), 33, 36 and 41 of the Bihar Prohibition and Excise Act. He contended that he was neither the driver nor the owner of the vehicle, that no incriminating material was found in his possession, and that he was falsely implicated. The State opposed bail, citing the seriousness of the offence, the petitioner’s six prior criminal antecedents, and the lack of compliance with Section 103 of the BNSS, 2023. The Court, after considering the custody period and the fact that a co‑accused had already been granted bail, decided to grant bail subject to a bond of Rs.15,000 with two sureties and several conditions. The bail order required the petitioner to appear at every trial date, not tamper with evidence or witnesses, and refrain from committing similar offences.

Issues considered

  • Whether bail should be granted to the petitioner despite the nature of the offence under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s prior criminal antecedents and the period of custody justify denial of bail.
  • Whether the non‑compliance with Section 103 of the BNSS, 2023, precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 103 BNSS 2023
  • criminal antecedents
  • CNG tempo
  • liquor smuggling
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10798 of 2026
                   Arising Out of PS. Case No.-77 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Umesh Kumar @ Nanki Son of Late Raju Singh @ Rajo Singh Resident of
                 Village - Fatehpur Bala, P.S. - Musrigharari, District - Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mahendra Pratap, Advocate
                 For the Opposite Party/s :       Ms. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Musrigharari PS Case No. 77 of 2025 instituted for the offences

                   under Section/s 30(a), 33, 36 & 41 of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 192 liters

                   spirit was recovered from CNG Tempo.

                           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. It is submitted
Patna High Court CR. MISC. No.10798 of 2026(2) dt.13-02-2026
                                            2/3




          that petitioner is neither the driver nor the owner of the vehicle

          in question and he has no concern with the same. The petitioner

          is in custody since 05.01.2026 and has got six criminal

          antecedent/s. There is no compliance of Section 103 of the

          BNSS, 2023. Other co-accused has been granted bail by this

          Court vide order dated 16.07.2025, passed in Cr. Misc. No.

          45447 of 2025.

                  5.      Learned A.P.P. 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, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Musrigharari PS Case No. 77 of 2025,

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial and shall not remain absent on two consecutive
           Patna High Court CR. MISC. No.10798 of 2026(2) dt.13-02-2026
                                                       3/3




                     dates without sufficient cause.

                                   (III) The petitioner will not tamper with the evidence

                     or the witnesses during the trial.

                                   (IV) Petitioner shall not commit offence of similar

                     nature in future.

                             If any of the above conditions are violated, the Trial

                     Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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