Patna High Court

Neeraj pathak @ Abhay PathakversusThe State of Bihar

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

Holding

Bail was granted to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Neeraj Pathak, sought bail in a case (PS Adapur Case No. 396 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where 75 litres of country-made liquor were recovered from a river. The petitioner claimed innocence, stating no incriminating material was found in his possession and that his name was supplied by a local chowkidar. The State opposed bail, but the court noted the petitioner had been in custody since 20‑11‑2025, had no criminal antecedents, and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. Considering these facts, the court decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular appearance. The bail order was issued by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarik Suraksha Sanhita
Section 103
criminal procedure
surety
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2249 of 2026
                   Arising Out of PS. Case No.-396 Year-2025 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Neeraj pathak @ Abhay Pathak S/O Sheopujan Pathak Resident of Village -
                 Andhara, P.S- Adapur, District- East Champaran (Motihari)
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Geeta Kumari, Advocate
                 For the Opposite Party/s :       Mr.Braj Kishore Pd.(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 Adapur

                   P.S. Case No. 396 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 75 liters

                   of country made liquor was recovered from two plastic near the

                   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. The name of the

                   petitioner has been disclosed by the local Chowkidar. The

                   alleged recovery has been made from open place i.e. river. The

                   petitioner is in custody since 20.11.2025 and has got two
           Patna High Court CR. MISC. No.2249 of 2026(2) dt.19-01-2026
                                                       2/2




                     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 Adapur P.S. Case

                     No. 396 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)
manish/-

U      T

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