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Patna High Court

Virendra Kumar @ Virendra RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Virendra Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 530 litres of illicit liquor recovered from a jute sack near a riverbank. The petitioner claimed innocence, stating that the liquor was found in a public place and he was merely a passerby, with no incriminating material recovered from his possession. He also highlighted that the investigation had not complied with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, and that he had been in custody since 1 December 2025 despite having a prior criminal antecedent. The State opposed bail, but the court, considering the circumstances and the period of custody, decided to grant bail. The petitioner was ordered to be released on bail upon furnishing 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 considering the nature of the offence and the custody period.
  • Whether non‑compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, affects the grant of bail.

Subjects

  • bail
  • prohibition and excise
  • illicit liquor
  • Section 30
  • Bihar Prohibition and Excise Act
  • Section 103
  • BNSS 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1737 of 2026
                      Arising Out of PS. Case No.-608 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Virendra Kumar @ Virendra Rai S/O Shrikant Rai @ Shrikant Ray @
                 Phaguni Rai R/O Village- Rikabganj, P.S.- Malsalami, Distt.- patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jay Ram Prasad, Adv.
                 For the Opposite Party/s :       Mr. Abhay Kumar, 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 Malsalami

                   PS Case No. 608 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 530 liters of

                   country made liquor was recovered from the jute sack near the

                   bank of river.

                           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.1737 of 2026(2) dt.19-01-2026
                                                       2/2




                     for the petitioner submits that the recovery has been made from

                     an open place which is accessible to one and all and petitioner

                     was only the passerby of the way and has become victim of the

                     circumstances. The petitioner is in custody since 01.12.2025 and

                     has got one criminal antecedent. 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 Malsalami PS Case No. 608 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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