Patna High Court
Samir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Samir Kumar, was arrested in connection with a case involving the recovery of 741 litres of liquor and an alleged attempt by the driver to assault police. He was charged under Section 109 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, no liquor was found in his possession, and there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offences and the petitioner’s five prior criminal antecedents. Considering the circumstances, the court granted bail subject to a cash bond, two sureties, and conditions including appearance at trial, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether the petitioner is entitled to bail despite the nature of the offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act
- Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 109
Subjects
- bail
- criminal procedure
- Section 109 BN S
- Bihar Prohibition and Excise Act
- Section 103 BNS
- liquor smuggling
- sureties
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12746 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Samir Kumar Son of Sri Surendra Mohan Thakur Resident of village - Sarra,
Garhbanaili, P.S.- Kasba, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, 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 Sadar
P.S. Case No. 507 of 2025 instituted for the offences punishable
under Sections 109 of the Bharatiya Nyaya Sanhita, 2023 and
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 741 litres
of liquor was recovered from parcel van. It is also alleged that,
during course of vehicle checking, when the police signalled the
vehicle to stop, the driver of the vehicle tried to run over the
police force and tried to escape by climbing the vehicle on
divider.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.12746 of 2026(2) dt.24-02-2026
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petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
question or the alleged recovery of liquor. The petitioner is in
custody since 12.12.2025 and has five criminal antecedents.
There is no compliance of Section 103 of the Bharatiya
Nagarika 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 as also 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, after framing
of charge, if not already framed, 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 Sadar P.S. Case No.
507 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
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fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The petitioner shall not commit any offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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