Patna High Court
Tirath KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Petitioner Tirath Kumar was arrested after 90 litres of liquor were recovered from his motorcycle in a case under Section 30(a) of the Bihar Prohibition and Excise Act and Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. He contended that he had no conscious possession of the liquor, that the recovery was from a public place, and that no incriminating material linked him to the offence. The State opposed bail, citing his two prior criminal antecedents and the length of his custody since 8 December 2025. The court noted the lack of material evidence against him, the procedural lapse under Section 103 of the B.N.S.S., and the fact that a co‑accused had already been granted bail. Accordingly, the court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act and Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, considering the facts and his antecedents.
- Whether compliance with Section 103 of the Bharatiya Nyaya Sanhita, 2023, is a prerequisite for granting bail in this case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 303(2)
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- liquor seizure
- antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12556 of 2026
Arising Out of PS. Case No.-156 Year-2025 Thana- CHANAN District- Lakhisarai
======================================================
Tirath Kumar S/o Kameshwar Yadav @ Kamesar Yadav R/o Village -
Batashpur, P.S - Bannubagicha, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Prasad, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Chanan P.S. case No.
156 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act and Section 303(2) of
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that 90 liters liquor
was recovered from motorcycle 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
Patna High Court CR. MISC. No.12556 of 2026(2) dt.25-02-2026
2/2
has got no concern with the alleged recovery of liquor. It is
further submitted that recovery has been made from an open
place accessible to public at large. The petitioner is in custody
since 08.12.2025 and has got two criminal antecedent. There is
no compliance of Section 103 of B.N.S.S., 2023. Co-accused
has been granted bail by this Bench vide order dated
27.01.2026 passed in Cr. Misc. No. 4597 of 2026.
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 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 Chanan P.S. case
No. 156 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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