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Patna High Court

Aditya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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