Patna High Court
Nirnayak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to both petitioners.
Summary
The petitioners, Nirnayak Kumar and Gaurav Kumar, applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, where police recovered a motorcycle and 55 litres of country-made liquor from a co-accused. The petitioners contended they were falsely implicated, that no liquor was found in their conscious possession, and that the procedure under Section 105 of the B.N.S.S. was not followed. The State opposed the bail, citing the seriousness of the offence and the petitioners' antecedents (two for petitioner 1, none for petitioner 2). After hearing both sides, the Court considered the facts, the alleged procedural lapse, and the custody since 23‑04‑2026, and ordered that bail be granted on a bond of Rs 10,000 with two sureties each. The application for bail was therefore allowed.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. warrants denial of bail.
- Whether the criminal antecedents of petitioner 1 affect the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 105
- procedural lapse
- criminal antecedents
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39072 of 2026
Arising Out of PS. Case No.-141 Year-2026 Thana- Bhararhi District- Madhepura
======================================================
1. Nirnayak Kumar S/O Late Aashish Kumar R/O Vill.- Shripur Chakla Ward
No.- 13, P S - Madhepura, District - Madhepura
2. Gaurav Kumar S/O Tirath Das R/O Vill.- Shripur Chakla Ward No.- 13, P S
- Madhepura, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pooja Prasad, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Bharrahi P.S. Case No.
141 of 2026 registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on secret information a
motorcycle was recovered and three persons were apprehended
including this petitioner and altogether 55 litres of country made
liquor was recovered from the possession of co-accused Dilkush
Kumar.
4. Learned counsel for the petitioners has submitted
Patna High Court CR. MISC. No.39072 of 2026(2) dt.17-06-2026
2/2
that the petitioners are innocent and have been falsely
implicated in the present case. It has further been submitted that
nothing has been recovered from the conscious possession of
the petitioners. It has also been submitted that the procedure
prescribed under Section 105 of the B.N.S.S. has not been
followed. Lastly, it has been submitted that the petitioner no. 1
has two criminal antecedents whereas the petitioner no. 2 has
clean criminal antecedent and they are in custody since
23.04.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioners.
6. Heard the parties and perused the record.
7. Considering the above facts and circumstances of
the case, let the petitioners above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Court concerned, Madhepura, in connection with
Bharrahi P.S. Case No. 141 of 2026.
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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