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Patna High Court

Om Prakash @ Om prakash kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Om Prakash, was arrested in connection with an Excise case alleging possession of 19.080 liters of liquor recovered from a bag in his custody, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was a mere passerby, had no criminal antecedents, and that no incriminating material was found on his person. The State opposed bail, while the petitioner argued that Section 103 of the BNSS, 2023, had not been complied with. The Court considered the clean antecedent, the short period of custody since 3 January 2026, and the circumstances of the case. Accordingly, the Court granted bail on a bond of Rs.15,000 with two sureties of the same amount.

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 facts and the provisions of Section 103 of the BNSS, 2023.

Legislation cited

Subjects

  • bail
  • excise
  • liquor possession
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15582 of 2026
                         Arising Out of PS. Case No.-2 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Om Prakash @ Om prakash kumar Son of Raju Rai @ Raju Kumar 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   10-03-2026             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 45.6 liters

                   liquor was recovered, out of which 19.080 liters recovered from

                   a bag which was in the possession of the petitioner.

                           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.15582 of 2026(2) dt.10-03-2026
                                                       2/2




                     that petitioner was merely passerby and has become the victim

                     of the circumstances. 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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