Patna High Court
Kanhiya Kumar @ BorderversusThe 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, Kanhiya Kumar, was arrested in connection with a case where 70 litres of liquor were recovered from an open place and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no liquor was found in his possession and that his name was supplied by local residents. The prosecution argued that the recovery constituted an offence under the Act. The defence pointed out the absence of incriminating material, the public accessibility of the recovery site, and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. After weighing the facts and the period of custody, the Court granted bail on a bond of Rs.15,000 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 the absence of incriminating material.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- criminal procedure
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14874 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- KHAJEKALA District- Patna
======================================================
Kanhiya Kumar @ Border S/O Shivpujan Rai @ Shiv Pujan Ray R/O Nauzar
Ghat, Diwan Mohalla, PS-Khajekala, Distt-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
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
Khajekalan P.S. Case No. 87 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 70 liters
liquor was recovered from open place in jute sack.
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.14874 of 2026(2) dt.27-02-2026
2/2
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of disclosure made by local people. It is further
submitted that the alleged recovery has been made from an open
place and the same is easily accessible to the public at large. The
petitioner is in custody since 08.02.2026 and has got one
criminal antecedent in which he is on bail. 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 Khajekalan P.S.
Case No. 87 of 2026.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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