Patna High Court

Ashok KumarversusThe State of Bihar

Decided: 27 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Ashok Kumar was arrested in connection with the recovery of 1.44 litres of liquor from a public lane and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no incriminating material was found on his person, and that the liquor was recovered from an open place accessible to the public. The State opposed bail, pointing to his three prior criminal antecedents and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined the facts, the length of his custody since 31‑01‑2026, and the lack of direct evidence linking him to the liquor. It granted bail on a bond of Rs 15,000 with two sureties, subject to conditions of a personal surety, regular appearance in court, and non‑interference with evidence or witnesses.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition
Section 30(a)
Section 103
criminal antecedents
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14660 of 2026
                        Arising Out of PS. Case No.-40 Year-2026 Thana- Excise P.S. District- Buxar
                 ======================================================
                 Ashok Kumar S/o Ram Ashish Bin R/o Village - Akhoripur Gola Chausha,
                 P.S - Buxar (M), District - Buxar
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Sunil Kumar, Advocate
                 For the Opposite Party/s :         Mr.Choubey Jawahar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Buxar

                   Excise P.S. Case No. 40 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 1.44

                   liters liquor was recovered from plastic bucket. Petitioner was

                   arrested on the spot.

                                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. Learned counsel
Patna High Court CR. MISC. No.14660 of 2026(2) dt.27-02-2026
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          for the petitioner further submitted that the recovery has been

          made from lane, which is an open place and accessible to public

          at large. The petitioner is in custody since 31.01.2026 and has

          got three criminal antecedent. There is no compliance of Section

          103 of the Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Buxar Excise P.S.

          Case No. 40 of 2026, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

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

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during
           Patna High Court CR. MISC. No.14660 of 2026(2) dt.27-02-2026
                                                       3/3




                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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