Patna High Court
Malay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that the petitioner is entitled to bail and ordered his release on bond.
Summary
The petitioner, Malay Kumar, was arrested in connection with a case under the Bihar Prohibition and Excise Act for alleged possession of 606.03 litres of liquor recovered from a truck registered in his name. He contended that he had no knowledge of the liquor, that no incriminating material was found on his person, and that he had no prior criminal record. The State opposed bail, relying on the seriousness of the offences under Sections 30(a) and 41(1)(2) of the Act and the alleged non‑compliance with Section 103 of the B.N.S.S., 2023. The Court examined the petitioner’s clean antecedent, the lack of direct evidence linking him to the contraband, and the period of custody already served. Considering these factors, the Court decided to grant bail on the condition of a Rs.15,000 bond with two sureties of equal amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether the petitioner is entitled to bail under the Bihar Prohibition and Excise Act for offences under Sections 30(a) and 41(1)(2).
- Whether the alleged non‑compliance with Section 103 of the B.N.S.S., 2023 bars the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- excise offence
- criminal procedure
- surety
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12129 of 2026
Arising Out of PS. Case No.-328 Year-2022 Thana- CHANDI District- Nalanda
======================================================
Malay Kumar S/o- Late Ram Prasad Sahu R/v- Kanke Road, Upper Shivpuri,
Misirgonda @ Pahargonda Ps- Ranchi University, Dist-Ranchi, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Nityanand, 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 Chandi P.S. case No.
328 of 2022 instituted for the offences under Sections 30(a) and
41(1)(2) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 606.03 liters
liquor was recovered from truck.
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. It is
further submitted that the name of the petitioner has transpired
Patna High Court CR. MISC. No.12129 of 2026(2) dt.23-02-2026
2/2
as being registered owner of the truck in question. The petitioner
is in custody since 11.01.2026 and has got no criminal
antecedent. There is no compliance of Section 103 of B.N.S.S.,
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, clean antecedent 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 Chandi P.S. case
No. 328 of 2022.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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