Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Alok Kumar was arrested after police recovered 275.250 litres of liquor from a vehicle and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor the driver of the vehicle, had no knowledge of the liquor, and that no incriminating material was found in his possession. He further argued that the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. The State opposed the bail application. Considering the lack of direct evidence, the petitioner’s clean record and the period of custody already undergone, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, Section 30(a)
- Whether the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with
- Whether the petitioner’s alleged lack of ownership or knowledge of the liquor negates the presumption of guilt
Legislation cited
Subjects
- bail
- prohibition act
- excise
- section 30
- section 103
- criminal procedure
- presumption of guilt
- India
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12948 of 2026
Arising Out of PS. Case No.-280 Year-2026 Thana- Excise P.S. District- Patna
======================================================
Alok Kumar Son of Ramsundar Das Resident of Biropur, P.S.- Hajipur,
District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat, Advocate
For the Opposite Party/s : Ms.Asha Kumari, A.P.P.
======================================================
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
Prohibition P.S. Case No. 280 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 total 275.250
liters liquor was recovered from pick-up and car. Petitioner was
arrested on the spot.
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
Patna High Court CR. MISC. No.12948 of 2026(2) dt.24-02-2026
2/2
further submitted that the petitioner was neither owner nor
driver of the vehicle and he has no knowledge regarding nature
of goods loaded on the vehicle. The petitioner has no concern
either with the liquor, vehicle or godown. The petitioner is in
custody since 17.01.2026 and has got no criminal antecedent.
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 Prohibition P.S.
Case No. 280 of 2026.
(Rudra Prakash Mishra, J)
manish/-
U T
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