Patna High Court

Vinayak KumarversusThe State of Bihar

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

Holding

The Court granted bail to the petitioner subject to conditions.

Summary

The petitioner, Vinayak Kumar, was arrested after police recovered 171 litres of Nepali liquor from five two‑wheelers and alleged his involvement under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating that the liquor was not in his conscious possession and that he was implicated by police with an ulterior motive. The petitioner had been in custody since 5 December 2025 and possessed four prior criminal antecedents, and the prosecution argued that Section 103 of the BNSS, 2023 had not been complied with. The State opposed bail, but the Court, considering the lack of incriminating material against the petitioner and the period of custody, decided to grant bail. Bail was ordered on a bond of Rs 15,000 with two sureties, one of whom must be a close family member, and the petitioner must appear at every trial date, with bail liable to cancellation on two consecutive defaults.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
Whether the non‑compliance of Section 103 of the BNSS, 2023 affects the grant of bail

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
criminal procedure
police misconduct
Section 103 BNSS
custody
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1665 of 2026
                        Arising Out of PS. Case No.-263 Year-2025 Thana- BELA District- Sitamarhi
                 ======================================================
                 Vinayak Kumar S/o- Parmeshwar Mahto @ Parmeshwar Kumar Village-
                 Birrakh, P.S. Sursand , P.O- Baghari, Dist.- Sitamarhi
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Murari, Adv.
                 For the Opposite Party/s :        Ms. Pronoti Singh, APP
                 ======================================================
                 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 Bela PS Case

                   No. 263 of 2025 instituted for the offences under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 171 liters of nepali

                   liquor was recovered from the five two wheelers vehicle and the

                   petitioner was arrested on the spot.

                           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

                   for the petitioner submits that the petitioner is the owner of one

                   of the said motorcycles and has been implicated in this case by
           Patna High Court CR. MISC. No.1665 of 2026(2) dt.19-01-2026
                                                       2/2




                     the police with ulterior motive. The petitioner is in custody since

                     05.12.2025 and has got four criminal antecedents. 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 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 Bela PS Case No. 263 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)
Siddharth Soni/-
U      T

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