Patna High Court
Kiran KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Kiran Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 185.400 litres of illicit liquor were recovered from a sac near a dam. He claimed innocence, arguing that the liquor was found in a public place and that no incriminating material was recovered from his possession, and that he has no prior criminal record. The State opposed bail, but the court noted the lack of direct evidence, the petitioner’s prolonged custody since 20‑09‑2025, and the non‑compliance of Section 103 of the BNSS, 2023. Considering these factors, the court decided to grant bail. The petitioner was ordered to be released on bail upon furnishing a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Bihar
- custody
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1281 of 2026
Arising Out of PS. Case No.-424 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Kiran Kumar S/o Panalal Yadav Resident of Village- Amawa Dumariya, P.S.-
Nagar Thana Gopaloganj, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn, Adv.
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kuchaikot
PS Case No. 424 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 185.400 liters of
country made liquor was recovered from the sac kept near the
dam.
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. Learned counsel for
the petitioner submits that the recovery has been made from an
Patna High Court CR. MISC. No.1281 of 2026(2) dt.19-01-2026
2/2
open place which is accessible to one and all and petitioner was
merely the passer-by and has no concern with the alleged
recovery. The petitioner is in custody since 20.09.2025 and has
got no criminal antecedent. There is no compliance of Section
103 of the BNSS, 2023.
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 Kuchaikot PS Case No. 424 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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