Patna High Court
Mahesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Mahesh Kumar was arrested in connection with the recovery of 300 litres of country-made liquor from two motorcycles and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passerby, not the owner of the motorcycles, and that no incriminating material was found in his possession; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and his clean criminal record. The State opposed bail, arguing the seriousness of the offence. Considering the petitioner’s claim of innocence, the absence of prior convictions, and procedural lapses, the Court inclined to grant bail. The Court ordered his release on furnishing 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 Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the accused poses a flight risk or risk of tampering with evidence.
Legislation cited
Subjects
- bail
- excise
- prohibition
- liquor
- criminal procedure
- Section 103
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3674 of 2026
Arising Out of PS. Case No.-428 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Mahesh Kumar S/o Rajesh Chaudhary R/o Village - Chamruchak , P.s-
Fatehpur District - Gaya jee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brijmohan Das, Advocate
For the Opposite Party/s : Mr.Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sherghati P.S. Case No. 428 of 2025, instituted for the offences
punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 300
liters of country made liquor was recovered from two
motorcycles. Petitioner was arrested on the 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. The petitioner is
Patna High Court CR. MISC. No.3674 of 2026(2) dt.27-01-2026
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not the owner of the motorcycle rather he was passersby of the
way and has become victim of circumstances. The petitioner is
in custody since 19.12.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sherghati P.S. Case
No. 428 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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