Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Prakash Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 82.63 litres of liquor, of which 47.25 litres were recovered from a trolley bag. He contended that he was falsely implicated, that no liquor was found in his conscious possession, and that the recovery occurred in an open area accessible to all. The State opposed bail, citing the petitioner’s two prior criminal antecedents and the fact that Section 103 of the BNSS, 2023 had not been complied with. The Court considered the facts, the length of custody since 29‑09‑2025, and the lack of direct incriminating material against the petitioner. Concluding that the circumstances warranted release, the Court ordered bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
- Whether the non‑compliance of Section 103 of the BNSS, 2023, precludes the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Section 30
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3467 of 2026
Arising Out of PS. Case No.-195 Year-2025 Thana- CHAPRA RAIL P.S. District- Saran
======================================================
Prakash Kumar S/o Late Prem Kishore Rai R/o Village- Arara, Ward No 6,
PS- Kazipur Thathan, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, 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 Chapra
Rail PS Case No. 195 of 2025 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 82.63 liters
liquor was recovered, out of which 47.25 liters liquor recovered
from trolley bag.
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 submitted
Patna High Court CR. MISC. No.3467 of 2026(2) dt.19-01-2026
2/2
that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 29.09.2025 and has
got two 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 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 Chapra Rail PS
Case No. 195 of 2025 .
(Rudra Prakash Mishra, J)
Raj kishore/-
U T
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