Patna High Court

Madhav MishraversusThe State of Bihar

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

Holding

The court held that the absence of direct incriminating material and the circumstances of the recovery warranted granting bail, subject to conditions, despite the petitioner’s antecedents.

Summary

The petitioner, Madhav Mishra, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 110 litres of country‑made liquor. The prosecution alleged recovery of the liquor from an open public place, but no incriminating material was found in the petitioner’s conscious possession. The petitioner, represented by Mr. Ashad, claimed innocence and highlighted the absence of any link to the recovered liquor and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State, through the APP, opposed bail, citing the petitioner’s three prior criminal antecedents and the seriousness of the offence. Considering the lack of direct evidence, the open‑place recovery, and the period of custody already served, the court inclined to grant bail subject to monetary surety and personal appearance conditions. Consequently, the petitioner was released on bail with a bond of Rs.15,000 and two sureties, with specific conditions for future compliance.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Whether the absence of incriminating material in the accused’s possession justifies 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 antecedents
excise law
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2984 of 2026
                    Arising Out of PS. Case No.-165 Year-2025 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 Madhav Mishra Son of Parmanand Mishra Resident of Village- Tardiha, P.S.-
                 Madhepur, District- Madhubani.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashad, Advocate
                 For the Opposite Party/s :      Mr.Nityanand, 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

                   Madhepur P.S. Case No. 165 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 110 liters of

                   country made liquor was recovered from Jute bag.

                                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 further submitted that the recovery has been
           Patna High Court CR. MISC. No.2984 of 2026(2) dt.19-01-2026
                                                       2/2




                     made from open place, which is accessible to public at large.

                     The petitioner is in custody since 31.10.2025 and has got three

                     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 Madhepur P.S. Case

                     No. 165 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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