Patna High Court
Umesh Kumar @ NankiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Umesh Kumar was arrested in connection with a case under Sections 30(a), 33, 36 and 41 of the Bihar Prohibition and Excise Act after 100 litres of spirit were seized from a co‑accused's shop. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that his name was disclosed only by the apprehended co‑accused. He has six prior criminal records and has been in custody since 15 January 2026, while another co‑accused had previously been granted bail. The State opposed the bail application, but the court noted the lack of direct evidence against the petitioner and the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions regarding appearance, non‑tampering with evidence, non‑intimidation of witnesses, and territorial restrictions.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a), 33, 36 and 41 of the Bihar Prohibition and Excise Act given the circumstances of his arrest and the evidence.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
Legislation cited
Subjects
- bail
- prohibition and excise
- criminal procedure
- false implication
- surety
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11320 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- UJIYARPUR District- Samastipur
======================================================
Umesh Kumar @ Nanki S/o-Late Raju Singh @ Rajo Singh 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 : Mr.Mohammed Arif, A.P.P.
======================================================
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
Ujiarpur P.S. Case No. 122 of 2025 instituted for the offences
punishable under Sections 30(a), 33, 36, 41 of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 100
litres of spirit has been recovered from the shop of the co-
accused Ajay Kumar.
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 rather the recovery has been made
from the shop of the co-accused. The name of the petitioner has
Patna High Court CR. MISC. No.11320 of 2026(2) dt.13-02-2026
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been disclosed by apprehended co-accused. The petitioner has
got no concern with the alleged recovery of liquor. The
petitioner is in custody since 15.01.2026 and has got six
criminal antecedents. Learned counsel for the petitioner further
submits that other co-accused has been granted bail by this
Bench vide order dated 10.07.2025 passed in Cr. Misc. No.
43692 of 2025. 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 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. 10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of Court below/concerned Court in
connection with Ujiarpur P.S. Case No. 122 of 2025, subject to
the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
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fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The Petitioner shall not commit offence of a
similar nature in future.
(V) The Petitioner shall not leave the territorial
jurisdiction of the learned court below without prior permission
of the court concerned.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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