Patna High Court
Arvind Kumar @ Arvind RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to a bond and specified conditions.
Summary
The petitioner, Arvind Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 4.32 litres of liquor recovered from his house. He claimed innocence, arguing that the only link to him was a confessional statement of a co‑accused, which he said lacked evidentiary value, and that the liquor was found in a joint family house. The State opposed bail, citing the petitioner’s six prior criminal convictions and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, after considering the facts and the period of custody, decided to grant bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, and refraining from similar offences. The bail order was conditioned on compliance, and the Court directed that bail be granted after framing of charge if not already done.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and evidence.
- Whether the confessional statement of the co‑accused provides sufficient basis for detention.
- Whether the petitioner’s prior criminal antecedents and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, preclude bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- confessional statement
- criminal antecedents
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- evidentiary value
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11135 of 2026
Arising Out of PS. Case No.-439 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua)
======================================================
Arvind Kumar @ Arvind Ram Son of Sakaldeep Ram Resident of village-
Labedha P.S- Ramgarh, Dist- Kaimur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aquaib Khan, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Ramgarh P.S. Case No. 439 of 2024, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 04.32 liters
liquor was recovered from the house of petitioner.
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. Learned counsel
for the petitioner also submitted that the petitioner was not
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arrested on spot. Name of the petitioner has transpired in this
case on the basis of confessional statement made by co-accused
person and the same has got no evidentiary value. It is further
submitted that the alleged recovery has been made from joint
house of the petitioner where other family members also reside.
The petitioner is in custody since 09.01.2026 and has got six
criminal antecedents. 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 after framing of
charge, if not already framed, 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 Ramgarh P.S. Case No. 439 of 2024,
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
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fixed at the trial and shall not remain absent on two consecutive
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)
Rajorshi/-
U T
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