Patna High Court
Randhir Kumar Mishra @ Randhir TikliharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Randhir Kumar Mishra, was arrested in connection with a case registered under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act for allegedly carrying ten litres of country‑made Mahua liquor. The prosecution alleged that the liquor was seized from an open place, but the petitioner contended that he had no knowledge of the seizure and that nothing incriminating was recovered from his person. He further submitted that he is innocent, has four other cases pending for which he is already on bail, and has been in custody since 20‑04‑2026. The State opposed bail, arguing the seriousness of the offence. The Court, after considering that no recovery was shown against the petitioner and the length of his custody, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties and specific conditions under Section 480(3) of the B.N.S.S. The order also stipulated that non‑compliance with the conditions would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act when no incriminating material was recovered from him.
- Whether the period of custody and the petitioner’s antecedent cases justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 37
- B.N.S.S. — s. 480(3)
Subjects
- bail
- excise
- prohibition
- Mahua liquor
- Section 30
- Section 37
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37852 of 2026
Arising Out of PS. Case No.-156 Year-2026 Thana- BHELDI District- Saran
======================================================
Randhir Kumar Mishra @ Randhir Tiklihar S/o Dharmnath Mishra R/o
Village - Jalalpur, P.S - Bheldi, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Bheldi P.S. Case No. 156 of 2026 registered
for the alleged offences under Sections 30(a), 37 of Bihar
Prohibition and Excise Act.
03. As per prosecution case, the petitioner was
apprehended carrying 10 litres of country made Mahua liquor.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner. The petitioner has no concern
with the seized liquor and the recovery has been made from an
Patna High Court CR. MISC. No.37852 of 2026(2) dt.17-06-2026
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open place. The petitioner is having antecedent of four cases and
he is on bail in all the cases. The petitioner is in custody since
20.04.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery has been shown from the petitioner and
further considering the period of custody of the petitioner, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned 1st
Special Judge Excise, Saran at Chapra/concerned Court in
connection with Bheldi P.S. Case No. 156 of 2026, subject to
the conditions mentioned in Section 480(3) of B.N.S.S. and also
the 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.
(iii) In case of absence on three
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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)
DKS/-
U T
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