Patna High Court

Dev Vrat KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

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

Summary

The petitioner, Dev Vrat Kumar, was arrested in connection with a case alleging possession of 90 litres of liquor recovered from a motorcycle, invoking Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that no incriminating material was found in his possession, he does not own the motorcycle, and the only link to him is a confessional statement of a co‑accused, which he argued lacks evidentiary value. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and noted his prior bail in three other cases. The State opposed bail. Considering the circumstances, the court decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
Whether the confessional statement of a co‑accused provides sufficient basis for detention
Whether non‑ownership of the motorcycle and lack of incriminating material affect bail eligibility
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
confessional statement
co‑accused
Section 30
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12608 of 2026
                         Arising Out of PS. Case No.-24 Year-2026 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Dev Vrat Kumar S/o Yogendra Sah R/o Village - Riga Imli Bazar @ Ward no.
                 2, Riga, P.S. - Riga, 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. Chandra Bhushan Prasad, 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 Riga

                   P.S. Case No. 24 of 2026, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 90 liters

                   liquor was recovered from motorcycle.

                                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

                   for the petitioner also submitted that the petitioner was not
Patna High Court CR. MISC. No.12608 of 2026(2) dt.24-02-2026
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          arrested on spot. Name of the petitioner has transpired in this

          case on the basis of confessional statement made by co-accused

          person and the same has got no evidentiary value. It is further

          submitted that the petitioner is not the owner of the motorcycle

          in question. The petitioner is in custody since 17.01.2026 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 Riga P.S. Case No.

          24 of 2026, 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
             Patna High Court CR. MISC. No.12608 of 2026(2) dt.24-02-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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