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Patna High Court

Ashok Kumar @ Ashok Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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