Patna High Court
Ashok Kumar @ Ashok Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as the petitioner was arrested on mere suspicion and no material directly linked him to the alleged offence.
Summary
Ashok Kumar petitioned for bail in a case where 450 litres of liquor were seized from a car and he was arrested on the spot. The prosecution alleged offences under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended he was merely a passerby, not the owner or driver, and that no incriminating material linked him to the liquor, also highlighting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioner’s custody period, and his claim of innocence, the Court granted bail on condition of a Rs.15,000 bond with two sureties. The bail order was issued by Justice Rudra Prakash Mishra.
Issues considered
- What is the applicability of bail provisions when the accused is arrested solely on suspicion without direct evidence of possession?
- Does the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affect the grant of bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2)
Subjects
- bail
- section 317
- section 30
- section 103
- prohibition
- liquor seizure
- suspicion arrest
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12481 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- BHUTAHI District- Sitamarhi
======================================================
Ashok Kumar @ Ashok Kumar Singh S/o Ram Shresth Singh R/o Village -
Bhup Bhairo, Ward no. 5, P.S.- Sitamarhi, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhutahi P.S. Case No. 21 of 2026, instituted for the offences
punishable under Section 317(2) of the Bharatiya Nyaya
Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 450 liters
liquor was recovered from car 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
Patna High Court CR. MISC. No.12481 of 2026(2) dt.24-02-2026
2/2
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner is neither
owner nor driver of the car in question. It is further submitted
that the petitioner was a passerby of that way and was arrested
only on the basis of suspicion. The petitioner is in custody since
22.01.2026 and has got two 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 Bhutahi P.S. Case
No. 21 of 2026.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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