Patna High Court
Om Prakash @ Om prakash kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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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