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Patna High Court

Om Prakash OjhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the petitioner had no direct possession of the liquor, a clean criminal record, and the circumstances did not warrant continued detention.

Summary

The petitioner, Om Prakash Ojha, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 70 litres of liquor recovered near a co-accused's house. He contended that he had no incriminating material in his conscious possession, had no prior criminal record, and that the liquor was recovered from an open area accessible to all. The State opposed bail, arguing the seriousness of the offence. The court noted the petitioner’s clean antecedent, lack of direct evidence linking him to the liquor, and the duration of his custody since 5 January 2026. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material and with a clean antecedent.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • clean antecedent
  • non-possession
  • Section 103 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14326 of 2026
                        Arising Out of PS. Case No.-8 Year-2026 Thana- BANIAPUR District- Saran
                 ======================================================
                 Om Prakash Ojha S/o Late Parmanand Ojha R/o Village- Sivhoriya, P.S-
                 Baniyapur, Dist- Saran at Chapra.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Avinash Kumar Pandey, Advocate
                 For the Opposite Party/s :       Ms. Anita Kumari, 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

                   Baniyapur PS Case No. 08 of 2026 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 70 liters

                   liquor was recovered near husk bundle which was kept beside

                   the house of co-accused.

                           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. It is submitted
           Patna High Court CR. MISC. No.14326 of 2026(2) dt.26-02-2026
                                                       2/2




                     that recovery is from an open place, which is accessible to one

                     and all. The petitioner is in custody since 05.01.2026 and has

                     got no criminal antecedent/s. There is no compliance of Section

                     103 of the BNSS, 2023.

                             5.      Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Baniyapur PS Case

                     No. 08 of 2026.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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