Patna High Court
Vijay BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103
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
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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
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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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