Patna High Court

Gandhi KumarversusThe State of Bihar

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

Holding

The court granted bail to the petitioner subject to cash bond and surety conditions.

Summary

The petitioner, Gandhi Kumar, was arrested on 27-12-2025 after 40 litres of liquor were recovered from a scooty, and a bail application was filed under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he was not the owner of the scooty, no incriminating material was found in his possession, and his arrest was based merely on suspicion, also highlighting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail, but the court considered the length of custody, lack of direct evidence, and the petitioner’s antecedents. The court decided to grant bail, imposing a cash bond of Rs.15,000 with two sureties, one of whom must be a close family member, and required the petitioner’s regular appearance in court. The bail may be cancelled if the petitioner defaults on two consecutive appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and evidence.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
criminal procedure
suspect arrest
surety
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12363 of 2026
                         Arising Out of PS. Case No.-968 Year-2025 Thana- BIHTA District- Patna
                 ======================================================
                 Gandhi Kumar S/o- Sitab Rai Resident of village- Mutaffapur PS- Bihta Dist-
                 Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, 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 Bihta

                   P.S. Case No. 968 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 40 liters

                   liquor was recovered from scooty and the petitioner was

                   arrested on spot.

                                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. Learned counsel
Patna High Court CR. MISC. No.12363 of 2026(2) dt.23-02-2026
                                            2/3




          for the petitioner also submitted that the petitioner is not the

          owner of the scooty in question. It is further submitted that the

          petitioner has been arrested only on the basis of suspicion. The

          petitioner is in custody since 27.12.2025 and has got three

          criminal antecedents in which he is on bail. 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 Bihta P.S. Case No.

          968 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

          consecutive dates, the Trial Court will have liberty to cancel the
             Patna High Court CR. MISC. No.12363 of 2026(2) dt.23-02-2026
                                                         3/3




                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…