Patna High Court
Nandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Nandan Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 75 litres of country-made liquor were recovered from a motorcycle he owned. He contended that he had no knowledge of the liquor, no incriminating material was found in his possession, and he had no prior criminal record. The State opposed bail, but the court noted the lack of direct evidence against him, the duration of his custody since 12‑12‑2025, and the non‑compliance of Section 103 of the BNSS, 2023. Considering these factors, the court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged contraband was found in a vehicle owned by the accused but not in his personal possession.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- Section 30(a)
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1838 of 2026
Arising Out of PS. Case No.-100 Year-2025 Thana- KIUL District- Lakhisarai
======================================================
Nandan Kumar S/o Ramashish Prasad R/o Village- Tetariya, P.S- Bannu
Bagicha, Dist- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Prasad, Adv.
For the Opposite Party/s : Mr. Akshay Lal Pandit, 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 Kiul PS
Case No. 100 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 75 liters of
country made liquor was recovered from the motorcycle.
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. Learned counsel for
the petitioner submits that the name of the petitioner transpired
in this case as being the owner of the motorcycle in question and
Patna High Court CR. MISC. No.1838 of 2026(2) dt.19-01-2026
2/2
he got no concern with the alleged recovery of liquor. The
petitioner is in custody since 12.12.2025 and has got no 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 Kiul PS Case No. 100 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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