Patna High Court
Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Bipin Kumar, was arrested on 13 October 2025 after police recovered 255.9 litres of liquor and alleged his involvement under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, was neither the driver nor the owner of the vehicle, and that no incriminating material was found on him. The petitioner also highlighted his clean criminal record and argued that the police had not complied with Section 103 of the B.N.S.S., 2023. The State opposed the bail application, insisting that the offence warranted continued custody. Considering the petitioner’s lack of antecedents, the short period of custody, and the alleged procedural lapses, the Court inclined to grant bail. Accordingly, the Court ordered his release on a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts of the case
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023 warrants bail
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise law
- liquor possession
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 103
- B.N.S.S., 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.319 of 2026
Arising Out of PS. Case No.-439 Year-2025 Thana- EXCISE PUPRI District- Sitamarhi
======================================================
Bipin Kumar S/o- Binod Rai R/v- Trikoliya, Ward No. 12 PS- Bathnaha Distt-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj, Advocate
For the Opposite Party/s : Mr.Rajesh 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 Pupri Excise P.S. case
No. 439 of 2025 instituted for the offences under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 255.9 liters
liquor was recovered from tampoo 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
has got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.319 of 2026(2) dt.19-01-2026
2/2
further submitted that the petitioner is neither the driver nor the
owner of the vehicle in question. The petitioner has been
implicated with ulterior motive by the police. The petitioner is
in custody since 13.10.2025 and has got no 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, clean antecedent 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 Pupri Excise P.S.
case No. 439 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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