Patna High Court
Subhash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 480(3)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.