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Patna High Court

Vijay BhartiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the lack of incriminating material in the petitioner’s possession and the circumstances of the case warranted granting bail with conditions.

Summary

The petitioner, Vijay Bharti, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 12 litres of liquor, three litres of which were recovered in front of his house. The petitioner claimed innocence, stating that no liquor was found in his conscious possession and that the recovery was from an open public area based on local testimony. The State opposed bail, while the petitioner’s counsel highlighted the absence of incriminating material and non‑compliance with Section 103 of the BNSS, 2023. Considering the facts, the court decided to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties and imposing conditions regarding family surety and regular court appearances. The bail was ordered to be released after framing of charge, if not already done.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the non‑compliance with Section 103 of the BNSS, 2023, precludes bail.
  • Whether the petitioner’s prior criminal antecedents affect the bail decision.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • BNSS 2023
  • Section 103
  • liquor possession
  • criminal procedure
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11975 of 2026
                       Arising Out of PS. Case No.-243 Year-2025 Thana- JALALPUR District- Saran
                 ======================================================
                 Vijay Bharti S/O Mangaru Bharti Village- Sakaddi Bharti Tola, P.S.- Jalalpur,
                 District- Saran.


                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Jalalpur PS Case No. 243 of 2025 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 12 liters

                   liquor was recovered, out of which 3 liters was recovered in

                   front of the house of the 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
Patna High Court CR. MISC. No.11975 of 2026(2) dt.23-02-2026
                                            2/3




          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner submits that local people disclosed the name of

          the petitioner. It is submitted that recovery is from an open

          place, which is accessible to one and all. The petitioner is in

          custody      since     20.01.2026       and     has   got   four   criminal

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

          BNSS, 2023.

                  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 Jalalpur PS Case No. 243 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. In case of default in such appearance on two
           Patna High Court CR. MISC. No.11975 of 2026(2) dt.23-02-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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