Patna High Court
Avinash Kumar @ Abhinash Kumar @ Kallu @ KaluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Avinash Kumar, was arrested on 9 December 2025 after 285 litres of liquor were recovered near his bathroom wall and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of incriminating material in his possession, and that the recovery site was an open public area. The petitioner also highlighted that he has no prior criminal record and that the prosecution failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the facts, the period of custody, and the procedural lapse, the Court granted bail on condition of a Rs.15,000 bond 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 the present circumstances.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- liquor seizure
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- excise case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2502 of 2026
Arising Out of PS. Case No.-416 Year-2025 Thana- EXCISE MAHARAJGANJ District-
Siwan
======================================================
Avinash Kumar @ Abhinash Kumar @ Kallu @ Kalu S/O Mukund Prasad @
Mukundi Prasad Resident of Village - Bithuna Ward No. 05, P.S. - Basantpur,
District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr.Kanhiya Kishor, 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
Maharajganj Excise P.S. Case No. 416 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 285
liters liquor was recovered near the house of petitioner beside
the wall of bathroom. Petitioner was arrested on the spot.
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
Patna High Court CR. MISC. No.2502 of 2026(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner further submitted that the recovery has been
made beside the wall of bathroom of the petitioner, which is
open place and accessible to public at large. The petitioner is in
custody since 09.12.2025 and has got no criminal antecedent.
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 Maharajganj Excise
P.S. Case No. 416 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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