Patna High Court
Aditya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Aditya Kumar, was arrested in connection with an excise case alleging possession of 7.5 liters of liquor recovered from his bag, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that the liquor was planted by police, and that no incriminating material was found in his conscious possession. The petitioner also highlighted his clean criminal record and the lack of compliance with Section 103 of the BNSS, 2023. The State opposed the bail application, arguing the seriousness of the offence. Considering the petitioner’s clean antecedent, the short period of custody, and the doubts raised about the evidence, the Court granted bail on the 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 in view of the alleged possession of liquor and the circumstances of the case
- Whether the non‑compliance with Section 103 of the BNSS, 2023, warrants denial of bail
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise law
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- police planting evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14366 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Aditya Kumar Son of Arvind Rai Resident of Village- Badhiya, P.S.- Patepur,
District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Yadav, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, 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 Excise
Sadar PS Case No. 02 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 45.600 liters
liquor was recovered, out of which 7.5 liters liquor recovered
from the petitioner’s bag.
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.14366 of 2026(2) dt.26-02-2026
2/2
that recovery is planted by the police party on extraneous
consideration. The petitioner is in custody since 03.01.2026 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 Excise Sadar PS
Case No. 02 of 2026.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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