Patna High Court

Vinod @ Makae Ram @ Vinod Ram @ Makae @ Vinod KumarversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court grants bail to the petitioners.

Summary

The petitioners, Vinod Kumar and Niiraj Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 80 litres of liquor were recovered from a motorcycle. They contended that they were merely passersby, not owners of the motorcycle, and that no incriminating material was found on them, arguing that their arrest was based solely on suspicion. The State opposed bail, but the court noted the lack of direct evidence, the petitioners' minimal or no prior criminal record, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors and the period of custody since 17‑02‑2026, the court decided to grant bail. The bail order required each petitioner to furnish 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 given the circumstances of arrest and evidence.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the right to bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition and excise
Section 30(a)
suspicion
custody
motorcycle
liquor seizure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16299 of 2026
                         Arising Out of PS. Case No.-69 Year-2026 Thana- BHELDI District- Saran
                 ======================================================
           1.     Vinod @ Makae Ram @ Vinod Ram @ Makae @ Vinod Kumar Son of Late
                  Ramesh Ram Resident of Village- Koreya, P.S.- Bheldi, District- Saran
           2.     Niiraj Kumar Son of Shailesh Kumar Ram Resident of Village- Koreya,
                  P.S.- Bheldi, District- Saran
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Shweta Anand, Advocate
                 For the Opposite Party/s :       Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026                           Heard Ms. Shweta Anand, learned counsel for

                   the petitioners and Mrs. Renu Kumari, learned APP for the

                   State.

                                2. The petitioners seek bail in connection with Bheldi

                   P.S. Case No. 69 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 80 liters

                   liquor was recovered from motorcycle.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have

                   got no concern with the alleged recovery of liquor. Learned
             Patna High Court CR. MISC. No.16299 of 2026(2) dt.13-03-2026
                                                         2/2




                       counsel for the petitioners also submits that the petitioners have

                       been arrested only on the basis of suspicion. It is next submitted

                       that the petitioners are not the owner of the motorcycle in

                       question rather they were passerby of that way and was arrested.

                       The petitioners are in custody since 17.02.2026. Petitioner no. 1

                       has got one criminal antecedent in which he is on bail and

                       petitioner no. 2 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 petitioners.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and the period of custody undergone by the

                       petitioners, this Court is inclined to grant bail to the petitioners.

                                    7. Let the petitioners be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                       two sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Bheldi P.S. Case No.

                       69 of 2026.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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