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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Akash Kumar, was arrested on 22 January 2026 after 64 litres of country-made liquor were recovered from an open public area. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating no liquor was found in his possession, he has no criminal antecedents, and the recovery was from a public place. The State opposed bail, but the court noted the lack of incriminating material, the short period of custody, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the court granted bail on condition of a Rs.15,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • Section 30(a)
  • Bihar
  • criminal procedure
  • non‑violent offence
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13288 of 2026
                         Arising Out of PS. Case No.-9 Year-2026 Thana- AKILPUR District- Saran
                 ======================================================
                 Akash Kumar S/o- Bajrangi Ray @ Bajarangi Ray R/v- Purani Panapur,
                 W.No- 8, Ps- Akilpur Dist- Saran
                                                                      ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Alok Kumar Alok, Advocate
                 For the Opposite Party/s :        Mr.Rana Randhir Singh, 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 Akilpur

                   P.S. Case No. 09 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 64 liters

                   of country made liquor was recovered from two plastic box.

                   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

                   for the petitioner further submitted that the recovery has been
           Patna High Court CR. MISC. No.13288 of 2026(2) dt.24-02-2026
                                                       2/2




                     made from open place, which is accessible to public at large.

                     The petitioner is in custody since 22.01.2026 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 Akilpur P.S. Case

                     No. 09 of 2026.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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