Patna High Court
Kanhaiya BinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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