Patna High Court
Laljit KoraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to both petitioners, subject to bond and conditions, finding no sufficient ground to deny liberty.
Summary
Laljit Kora and Sanjay Kora were arrested in connection with an Excise case alleging possession of 50 litres of country‑made liquor recovered from a motorcycle, invoking Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioners contended that they had no knowledge of the liquor, no material was found in their conscious possession, and they were victims of circumstance, further noting the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the lack of incriminating evidence, the petitioners’ custody since 30‑11‑2025, and the procedural lapse, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs 15,000 with two sureties and to comply with conditions regarding family surety and regular appearance before the trial court.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act in view of the facts and procedural lapses.
Legislation cited
Subjects
- bail
- excise offence
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2792 of 2026
Arising Out of PS. Case No.-780 Year-2025 Thana- Excise P.S. District- Lakhisarai
======================================================
1. Laljit Kora S/o- Govind Kora Resident of Village- Ghoghar Ghati Ward NO-
2 P.S. Kajara District- Lakhisarai
2. Sanjay Kora S/o- Late Jalim Kora R/v- Kachhua Sangrampur Ps- Mananpur
Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Rajiv Nayan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Excise
P.S. Case No. 780 C2 of 2025, instituted for the offences
punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 50 liters
of country made liquor was recovered from motorcycle.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.2792 of 2026(2) dt.19-01-2026
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got no concern with the alleged recovery of liquor. The
petitioners have no concerned with the alleged motorcycle and
they have been made victim of circumstance. The petitioners are
in custody since 30.11.2025. Petitioner No.1 has one criminal
antecedent, whereas petitioner no.2 has 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
780 C2 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners 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
Patna High Court CR. MISC. No.2792 of 2026(2) dt.19-01-2026
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the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
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