Patna High Court
Kishore KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Kishore Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 182.125 litres of liquor recovered from an egg shop. He contended that he was falsely implicated, no liquor was found in his possession, the shop does not belong to him, he has no prior criminal record, and the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed bail. Considering the lack of incriminating evidence against the petitioner, his clean record, and the procedural lapse, the Court inclined to grant bail. The Court ordered his release on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
- Whether the absence of incriminating material in the petitioner's possession and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrant bail
Legislation cited
Subjects
- bail
- criminal procedure
- excise
- prohibition
- Section 30(a)
- Bihar
- Bharatiya Nagarika Suraksha Sanhita
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13668 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Kishore Kumar S/o Prithwichandra Singh R/o Navtoliya Ward No. 5, P.S.-
Mohanpur, District- Purniya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd Singh, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Udakishunganj Excise P.S. Case No. 5 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 182.125
litres of liquor has been recovered from egg shop.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an egg shop which does not belong to the petitioner. The
Patna High Court CR. MISC. No.13668 of 2026(2) dt.26-02-2026
2/2
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 04.01.2026 and 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 petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also 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 Udakishunganj
Excise P.S. Case No. 5 of 2026.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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