Patna High Court
Vijay BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner with conditions.
Summary
The petitioner, Vijay Bharti, sought regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 25 litres of country-made liquor, of which 10 litres were found in a bamboo orchard. He had earlier been granted anticipatory bail, but it was not converted to regular bail due to his criminal antecedents. The petitioner argued that he had no possession of the liquor, was falsely implicated, and that the recovery was made in a public place; he also contended that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed the bail application. Considering the facts, the period of custody, and the lack of incriminating material in the petitioner's possession, the Court granted bail subject to a cash bond and three conditions, including appearance in court and non‑interference with evidence or witnesses.
Issues considered
- Whether regular bail should be granted to the petitioner despite his criminal antecedents.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.
- Whether the circumstances of the liquor recovery justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- criminal procedure
- prohibition law
- anticipatory bail
- criminal antecedents
- evidence tampering
- section 30(a)
- section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12220 of 2026
Arising Out of PS. Case No.-127 Year-2025 Thana- JALALPUR District- Saran
======================================================
Vijay Bharti Son of Mangaru Bharti Resident of 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 : Ms.Gulnar Begum, A.P.P.
======================================================
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 P.S. Case No. 127 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 25 liters of
country made liquor was recovered. Out of which, 10 Litres of
country made liquor was recovered from the bamboo orchard.
4. Learned counsel for the petitioner submits that
earlier the anticipatory bail of the petitioner was allowed vide
order dated 14.10.2025 passed in Criminal Miscellaneous No.
70659 of 2025 with direction to verify the criminal antecedent
of petitioner, but petitioner could not be released on bail due to
Patna High Court CR. MISC. No.12220 of 2026(2) dt.23-02-2026
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his criminal antecedents. He further submitted 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. The name of the
petitioner has been disclosed by the local Chowkidar. Learned
counsel for the petitioner further submitted that the recovery has
been made from open place, which is accessible to public at
large. The petitioner is in custody since 19.01.2026 and has got
four criminal antecedents. There is no compliance of Section
103 of the Bharatiya Nagarik 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 on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Jalalpur P.S. Case
No. 127 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
Patna High Court CR. MISC. No.12220 of 2026(2) dt.23-02-2026
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close member.
(II) The petitioner shall appear on each and every date
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.
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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