Patna High Court

Mintu Kumar @ Gorakh @ Mintu Kumar GorakhversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that the petitioner is entitled to bail as there is no incriminating article in his possession, no prior criminal record, and the statutory requirement of Section 103 was not complied with.

Summary

Mintu Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 60 litres of liquor were recovered from a scooty he owned. He contended that he was falsely implicated, had no knowledge of the liquor, and no incriminating article was found in his personal possession. The petitioner also highlighted his clean criminal record, his custody since 12‑12‑2025, and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the court, after weighing these factors, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and specific conditions regarding family surety and appearance in court.

Issues considered

Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
vehicle ownership
Section 30
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13837 of 2026
                         Arising Out of PS. Case No.-380 Year-2025 Thana- PARSA District- Saran
                 ======================================================
                 Mintu Kumar @ Gorakh @ Mintu Kumar Gorakh Son of Shiv Prasad
                 Chaudhary R/o Village - Saidpur, P.S - Dariyapur, District - Saran.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Ramchandra Sahni, 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 Parsa

                   P.S. Case No. 380 of 2025 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 60 litres

                   of liquor was recovered from scooty.

                               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. Learned counsel further submitted

                   that the name of the petitioner has transpired in this case merely

                   as being the owner of the vehicle in question and he had no

                   knowledge regarding the goods loaded in the vehicle. The
           Patna High Court CR. MISC. No.13837 of 2026(2) dt.26-02-2026
                                                       2/2




                     petitioner is in custody since 12.12.2025 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 Parsa P.S. Case No.

                     380 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every 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 petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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