Created by Fuzzy Cloud

Patna High Court

Kanhaiya BinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioner, Kanhaiya, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 171 litres of country‑made liquor from a bamboo orchard. He contended that he was falsely implicated, that no incriminating material was found in his possession, and that the liquor was recovered from an open public area. The petitioner had been in custody since 12‑12‑2025 and possessed two prior criminal antecedents, and the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence, the open‑place recovery, the period of custody already served, and the statutory non‑compliance, the Court decided to grant bail on a bond of Rs.15,000 with two sureties of equal 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 statutory requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition act
  • Section 30(a)
  • criminal procedure
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita
  • antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2241 of 2026
                   Arising Out of PS. Case No.-157 Year-2025 Thana- Raghunathpur Excise District- Siwan
                 ======================================================
                 Kanhaiya Bin S/o Hira Bin R/o village _Bhagar, P.S_Siswan, Dist._ Siwan

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar, Advocate
                 For the Opposite Party/s :        Mr.Bishweshwar Ram, A.P.P.
                 ======================================================
                 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

                   Raghunathpur Excise P.S. Case No. 157 of 2025 instituted for

                   the offences punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 171

                   liters of country made liquor was recovered from bamboo

                   orchard.

                                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.2241 of 2026(2) dt.19-01-2026
                                                       2/2




                     for the petitioner further submitted that the recovery has been

                     made from open place, which is accessible to public at large .

                     The petitioner is in custody since 12.12.2025 and has got two

                     criminal antecedents. 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 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/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with               Raghunathpur

                     Excise P.S. Case No. 157 of 2025.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.