Patna High Court

Prakash KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner subject to bond and conditions.

Summary

Petitioner Prakash Kumar was arrested in connection with an excise case where 86.400 litres of liquor were recovered from a car, and he was charged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He contended that he was merely a passer‑by, not the owner of the vehicle, and that no incriminating material was found on him; he also had no prior criminal record. The State opposed bail, while the petitioner argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court examined the facts, the length of custody since 19‑Nov‑2025, and the absence of antecedents, and concluded that bail was appropriate. Accordingly, the Court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and appearance at trial.

Issues considered

Whether bail can be granted to a person accused under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Whether the petitioner’s lack of ownership of the vehicle and clean record justify bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1468 of 2026
                    Arising Out of PS. Case No.-128 Year-2025 Thana- EXCISE SONPUR District- Saran
                 ======================================================
                 Prakash Kumar S/O Rakesh Kumar @ Rakesh Singh Resident of village-
                 Marwa Pakar, P.S.- Saraiya, Dist.- Muzaffarpur.
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sagar Kumar, Advocate
                 For the Opposite Party/s :       Mr.Mukesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sonepur Excise P.S. Case No. 128 of 2025, instituted for the

                   offences punishable under Sections 30(a) and 32 of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 86.400

                   liters liquor was recovered from car.

                                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. The petitioner is

                   not the owner of the vehicle rather he was passersby of the way
           Patna High Court CR. MISC. No.1468 of 2026(2) dt.19-01-2026
                                                       2/2




                     and has become victim of circumstances. The petitioner is in

                     custody since 19.11.2025 and has got no 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 Sonepur Excise P.S.

                     Case No. 128 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)
manish/-
U      T

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