Patna High Court
Adarsh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
In the absence of incriminating evidence and given the prolonged pre‑trial detention, bail must be granted despite the alleged offence under Section 30(a).
Summary
The petitioner, Adarsh Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 477.300 litres of liquor were recovered from a Scorpio car. He contended that he was merely a passer‑by, not the owner or driver, and that no incriminating material was found in his possession. The petitioner also argued that his arrest was based solely on suspicion and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed bail, but the court noted the lack of evidence against the petitioner, his clean record, and the lengthy pre‑trial custody since 19‑11‑2025. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to a person arrested under Section 30(a) of the Bihar Prohibition and Excise Act when no incriminating material is found in his possession.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- pre‑trial detention
- suspicion
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12589 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
Adarsh Kumar S/O Nehru Prasad R/O Barnaiya Rajaram, P.S.- Gopalpur,
Dist.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prince Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, 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
Gopalpur P.S. Case No. 304 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 477.300 liters
liquor was recovered from Scorpio 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
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.12589 of 2026(2) dt.24-02-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner has been
arrested only on the basis of suspicion as he was a passerby of
that way. It is further submitted that the petitioner is neither
owner nor driver of that vehicle in question. The petitioner is in
custody since 19.11.2025 and has got no criminal antecedent.
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 Gopalpur P.S. Case
No. 304 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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