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Patna High Court

Subhash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to conditions under Section 480(3) of the BNSS.

Summary

The petitioner, Subhash Kumar, was arrested in connection with the transportation of 203.50 litres of illicit liquor seized from a Tata Magic vehicle, under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was merely standing nearby and that no incriminating material was found on him except his mobile phone. The petitioner highlighted that two co‑accused had already been granted bail and that he had a clean antecedent, having been in custody since 12‑02‑2026 with a charge sheet already filed. The State opposed bail, but the court considered the nature of the allegation, the period of custody, and the charge sheet. Accordingly, the court ordered his release on bail of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety requirements.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and period of custody
  • Whether the existence of a charge sheet and the appellant’s clean antecedent justify bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 30(a)
  • criminal procedure
  • Section 480(3) BNSS
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30257 of 2026
                     Arising Out of PS. Case No.-12 Year-2026 Thana- ANTICHAK District- Bhagalpur
                 ======================================================
                 Subhash Kumar S/o Devendra Kumar Mandal R/o Village-Tintanga Diyara,
                 Katru Mandal Tola, P.S- Rangra, District-Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anjani Kumar, Advocate
                 For the Opposite Party/s :       Mr.Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   11-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Antichak P.S. Case No. 12 of 2026, registered

                   for the offences under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. As per the prosecution case, police received secret

                   information about transportation of illicit liquor in a TATA

                   Magic vehicle being escorted by a motorcycle. Police reached

                   the spot and found some persons standing near the vehicle and

                   the motorcycle who started fleeing away on seeing the police

                   party. Petitioner and one other coaccused person were

                   apprehended after chase and a third coaccused sitting on the

                   driver seat was also apprehended. On search of the vehicle,
Patna High Court CR. MISC. No.30257 of 2026(2) dt.11-05-2026
                                            2/3




          203.50 litres of foreign liquor was recovered.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that the petitioner is innocent and he has been

          falsely implicated in this case. He has no concern either with the

          seized liquor or with the vehicle from which recovery has been

          made. Petitioner was merely standing nearby the vehicle and on

          suspicion he has been apprehended. Nothing incriminating has

          been recovered from conscious possession of the petitioner and

          only recovery is of mobile phone which belongs to this

          petitioner. Learned counsel further submits that two coaccused

          persons have been granted bail by a learned Coordinate Bench

          of this Court vide orders dated 22.04.2026 and 27.04.2026

          passed in Cr. Misc. No. 27193 of 2026 and Cr. Misc. No. 27783

          of 2026. Petitioner is having clean antecedent and he is in

          custody since 12.02.2026. Charge sheet has been submitted.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          nature of allegation, period of custody of the petitioner and

          submission of charge sheet, the petitioner is directed to be

          released on bail, on furnishing bail bonds of Rs.10,000/-
             Patna High Court CR. MISC. No.30257 of 2026(2) dt.11-05-2026
                                                         3/3




                       (Rupees Ten Thousand Only) each with two sureties of the like

                       amount each to the satisfaction of learned Exclusive Special

                       Excise Judge-I, Bhagalpur/concerned court, in connection with

                       Antichak P.S. Case No. 12 of 2026, subject to the condition laid

                       down under Section 480(3) of the BNSS and other following

                       conditions:

                                               (i) One of the bailors will be a close

                                               relative of the petitioner.

                                               (ii) The petitioner will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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