Patna High Court
Bechan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner.
Summary
Bechan Kumar was arrested in connection with a Prohibition/Excise case (PS No. 261 of 2025) where 368 litres of illicit liquor were recovered from a tempo. The petitioner claimed he was falsely implicated, had no prior criminal record, and no liquor was found in his possession. He had been in custody since 23-12-2025 and sought bail. The State opposed the bail application. The Court, after considering the lack of incriminating evidence against the petitioner and his clean antecedent, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 where no direct possession or incriminating evidence is found against him.
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13398 of 2026
Arising Out of PS. Case No.-261 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Bechan Kumar Son of Late Shivnarayan Sah Resident of village - Itahari,
Ward No.- 06, P.S.- Baijnathpur, District - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Barun Kumar Singh
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Udakishunganj
Prohibition/Excise P.S. Case No. 261 of 2025 registered under
Section-30(a) of the Bihar Prohibition and Excise Act, 2018.
3. The prosecution case, in short, is that 368 litres of
illicit liquor was recovered from a tempo.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case. The petitioner has got no criminal antecedent.
Nothing incriminating has been recovered from the conscious
possession of the petitioner. The petitioner has no concern at all
with the recovered illicit liquor in question. The petitioner is in
Patna High Court CR. MISC. No.13398 of 2026(3) dt.01-04-2026
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custody since 23.12.2025.
5. Learned APP has opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
the like amount each to the satisfaction of the Court
below/concerned Court, Madhepura in connection with
Udakishunganj Prohibition/Excise P.S. Case No. 261 of 2025.
(Ansul, J)
A.K.V.//-
U T
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