Patna High Court

Prince GiriversusThe 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

Prince Giri was arrested for alleged possession of 2.525 litres of liquor recovered from a motorcycle, alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that no liquor was found in his conscious possession, that his name appeared only in a co‑accused’s confessional statement, and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. The State opposed bail, pointing to his seven prior criminal antecedents and the seriousness of the offence. The Court examined the facts, the period of custody since 15‑12‑2025, and the lack of direct incriminating material against him. Considering these circumstances, the Court inclined to grant bail, subject to a bond of Rs. 15,000 with two sureties and conditions of regular appearance and cancellation on future similar offences. The bail order was passed after directing framing of charge if not already done.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite his criminal antecedents and the nature of the offence
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant 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
criminal antecedents
surety
court conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2912 of 2026
                        Arising Out of PS. Case No.-207 Year-2025 Thana- Gaura P.S. District- Saran
                 ======================================================
                 Prince Giri Son of Sanjay Giri R/o Village - Bishanpur, P.S. - Gaura, Dist. -
                 Saran.
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Raushan Raj, Advocate
                 For the Opposite Party/s :         Mr.Choubey Jawahar, 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 Gaura

                   P.S. Case No. 207 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 2.525 liters

                   liquor was recovered from motorcycle.

                                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 petitioner

                   was not apprehended on the spot. The name of the petitioner

                   transpired on the confessional statement of co-accused Ravi
Patna High Court CR. MISC. No.2912 of 2026(2) dt.19-01-2026
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          Kumar Giri. The petitioner is in custody since 15.12.2025 and

          has got seven 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, after framing

          of charge, if not already framed, 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 Gaura P.S. Case No. 207 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.

                       (III) If the petitioner is found involved in similar

          nature of offence in future, the Trial Court will have the liberty
           Patna High Court CR. MISC. No.2912 of 2026(2) dt.19-01-2026
                                                       3/3




                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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