Patna High Court
Saheb KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
Saheb Kumar was arrested on 10 December 2025 after 90 litres of liquor were recovered from a motorcycle and was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the driver nor the owner of the motorcycle, that no incriminating material was found in his possession, and that he was falsely implicated, despite having one prior criminal antecedent and no compliance with Section 103 of the B.N.S.S., 2023. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the lack of direct evidence against the petitioner, the period of custody already served, and the procedural lapse, decided to grant bail. The petitioner was ordered to be released on furnishing a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act where no incriminating material is found in his possession.
- Whether the lack of compliance with Section 103 of the B.N.S.S., 2023 affects the bail decision.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- prohibition
- liquor seizure
- criminal procedure
- Section 103
- antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.301 of 2026
Arising Out of PS. Case No.-803 Year-2025 Thana- Excise P.S. District- Lakhisarai
======================================================
Saheb Kumar S/O Banshraj Yadav R/O vill - Singh Chak, Ward no.- 8, P.S -
Kiul,Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Prasad, Advocate
For the Opposite Party/s : Mr.Nand 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 Lakhisarai Excise P.S.
case No. 803C2 of 2025 instituted for the offences under
Sections 30(a) and 32(3) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 90 liters liquor
was recovered from motorcycle and the petitioner was arrested
on 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
Patna High Court CR. MISC. No.301 of 2026(2) dt.19-01-2026
2/2
has got no concern with the alleged recovery of liquor. It is
further submitted that petitioner is neither driver nor owner of
the motorcycle. The petitioner is in custody since 10.12.2025
and has got one criminal antecedent. There is no compliance of
Section 103 of B.N.S.S., 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 Lakhisarai Excise
P.S. case No. 803C2 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U t
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