Patna High Court
Umesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioners subject to monetary, surety and appearance conditions.
Summary
Umesh Kumar and Bullet Kumar were arrested in connection with a case where 43.200 litres of liquor were seized from a motorcycle, and they were charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act. The petitioners contended that they were falsely implicated, that no incriminating article was found in their possession, and that they had no link to the vehicle or the liquor. They had been in custody since 7 December 2025, with one having a prior criminal record and the other having none, and argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with. The State opposed the bail application. The court, after considering the lack of direct evidence, the length of custody, and the petitioners' claims, decided to grant bail with monetary and surety conditions and specific appearance requirements. The bail order required each petitioner to furnish a Rs.15,000 bond with two sureties and imposed conditions regarding family surety and trial attendance.
Issues considered
- Whether bail should be granted to the petitioners accused under Sections 317(5), 318(4), 336(2), 338, 336(3), 347(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 318(4), 336(2), 336(3), 338, 347(1)
Subjects
- bail
- liquor seizure
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition Act
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12904 of 2026
Arising Out of PS. Case No.-399 Year-2025 Thana- MALAHI District- East Champaran
======================================================
1. Umesh Kumar S/o Prahlad Kumar @ Panna Lal Yadav Resident of vill-
Barherwa Bandh, P.S- Malahi, Distt.- East Champaran
2. Bullet Kumar S/o Harikishun Yadav Resident of vill- Barherwa Bandh, P.S-
Malahi, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore@ Kundan Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Malahi
P.S. Case No. 399 of 2025 instituted for the offences punishable
under Sections 317(5), 318(4), 336(2), 338, 336(3), 347(1) 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 43.200
litres of liquor was recovered from motorcycle.
4. Learned counsel for the petitioners submitted that
Patna High Court CR. MISC. No.12904 of 2026(2) dt.24-02-2026
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the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
that petitioners are in no manner connected with the vehicle in
question or with the alleged recovery of liquor. The petitioners
are in custody since 07.12.2025. Petitioner no. 1 has one
criminal antecedent whereas petitioner no. 2 has no criminal
antecedent. 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 petitioners.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Malahi P.S.
Case No. 399 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
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date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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