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Patna High Court

Kiran KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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