Patna High Court

Bhim Kumar @ Bhim RamversusThe State of Bihar

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

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

The petitioner, Bhim Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 335 litres of liquor recovered from three motorcycles. He claimed innocence, stating he did not own the motorcycles and was falsely implicated, and highlighted the lack of any incriminating material found in his possession. The State opposed bail, while the petitioner’s counsel argued that the non‑compliance of Section 103 of the BNSS, 2023, and the petitioner’s three prior criminal antecedents should not preclude bail. Considering the facts, the court found the petitioner’s custody period sufficient to merit release and ordered bail on a bond of Rs.15,000 with two sureties, imposing conditions of family surety and regular appearance. The bail was granted subject to these conditions.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite his criminal antecedents and the nature of the offence.
Whether the alleged non‑compliance of Section 103 of the BNSS, 2023, is a ground to deny bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
BNSS 2023
Section 103
criminal antecedents
false implication
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2842 of 2026
                  Arising Out of PS. Case No.-695 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Bhim Kumar @ Bhim Ram Son of Harendra Ram Resident of village - Areraj
                 Ward No.- 01, P.S.- Areraj, District - East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Adv.
                 For the Opposite Party/s :       Mr. Abhay Kumar, 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 Harsidhi PS

                   Case No. 695 of 2025 instituted for the offences under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 335 liters liquor

                   was recovered from three motorcycles.

                           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

                   for the petitioner submits that the petitioner is not the owner of the

                   said motorcycle and has been implicated in this case by the police
           Patna High Court CR. MISC. No.2842 of 2026(2) dt.19-01-2026
                                                       2/2




                     with ulterior motive. The petitioner is in custody since 13.10.2025

                     and has got three criminal antecedents. There is no compliance of

                     Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Harsidhi PS Case No. 695 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)
Siddharth Soni/-

U      T

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