Patna High Court

Vijay BhartiversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to bond and 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 16.600 litres of liquor, of which 3.600 litres were recovered from a bamboo orchard in front of his house. The petitioner claimed innocence, arguing that no incriminating material was found in his personal possession and that the liquor was recovered from an open area accessible to anyone. He had been in custody since 5 January 2026 and possessed four prior criminal antecedents, and the prosecution alleged non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail, but 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 conditions regarding family surety and regular appearance. The bail order was issued by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and prior criminal antecedents.
Whether the requirements of Section 103 of the BNSS, 2023 have been complied with for granting bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
BNSS 2023
criminal procedure
pre‑trial detention
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12000 of 2026
                        Arising Out of PS. Case No.-5 Year-2026 Thana- JALALPUR District- Saran
                 ======================================================
                 Vijay Bharti S/O Mangru Bharti Village- Sakaddi Bhanti 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. 05 of 2026 instituted for the offences

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

                            3.      The prosecution case, in short, is that 16.600 liters

                   liquor was recovered, out of which 3.600 liters recovered from

                   bamboo orchard, which was 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
Patna High Court CR. MISC. No.12000 of 2026(2) dt.23-02-2026
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          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

          that recovery is from an open place, which is accessible to one

          and all. The petitioner is in custody since 05.01.2026 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 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. 05 of 2026, 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

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.12000 of 2026(2) dt.23-02-2026
                                                       3/3




                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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