Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Prakash Kumar, was arrested in connection with a case involving the recovery of 1,470 liters of liquor from a car and a co-accused's house, alleged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He claimed innocence, stating no incriminating material was found in his possession, he had no link to the car or house, and he possessed a clean criminal record. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the BNSS, 2023. The court considered the petitioner’s clean antecedents, the short period of custody, and the facts presented. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act despite non‑compliance with Section 103 of the BNSS, 2023
- Whether the petitioner’s clean antecedent and limited custody period justify bail
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- excise
- criminal procedure
- clean antecedent
- custody
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3414 of 2026
Arising Out of PS. Case No.-462 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Prakash Kumar S/O Late Ramlagan Chauhan R/O Vill. - Purvi Pandui,P.S. -
Sitamarhi, Dist.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, 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 connection with
Sirdalla PS Case No. 462 of 2025 instituted for the offences
under Section/s 30(a) & 41 of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 1470 liters
liquor was recovered from car and behind the house of co-
accused.
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
Patna High Court CR. MISC. No.3414 of 2026(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. It is submitted
that petitioner has no concern either with the car or with the
house in question. The petitioner is in custody since 17.12.2025
and has got no criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 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 of the petitioner 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 Sirdalla PS Case
No. 462 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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