Patna High Court

Kumar GauravversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

The petitioner, Kumar Gaurav, applied for bail in a case (Saur Bazar P.S. Case No. 389 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 210 litres of liquor were recovered from a public place. The petitioner argued that he was falsely implicated, no liquor was found in his possession, and the recovery was from an open area; he also highlighted that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed the bail, citing the seriousness of the offence and the petitioner’s three prior criminal antecedents. The court, after considering the facts, the period of custody, and the lack of direct incriminating evidence, decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, a family member as one bailor, mandatory appearance at trial dates, and possible cancellation if the petitioner reoffends.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3910 of 2026
                     Arising Out of PS. Case No.-389 Year-2025 Thana- SAUR BAZAR District- Saharsa
                 ======================================================
                 Kumar Gaurav S/o Satyendra Narayan Singh @ Satyendra Singh R/o Vill.-
                 Sardiha Purab Tola Ward No. 08, P.S.- Bakhtiyarpur (Simri Bakhtiyarpur),
                 Dist.- Saharsa


                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 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 Saur

                   Bazar P.S. Case No. 389 of 2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, short, is that total 210 litres of

                   liquor has been recovered from buckets.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made
Patna High Court CR. MISC. No.3910 of 2026(2) dt.27-01-2026
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          from an open place which is accessible to public at large. The

          petitioner has got no concern with the alleged recovery of

          liquor. The petitioner is in custody since 27.11.2025 and has

          three criminal antecedents. There is no compliance of Section

          103 of the Bharatiya Nagarika 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 as also 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            Saur Bazar P.S.

          Case No. 389 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.

                       (III) If the petitioner is found involved in the similar
           Patna High Court CR. MISC. No.3910 of 2026(2) dt.27-01-2026
                                                       3/3




                     nature of offence in future, the prosecution will be at liberty to

                     move for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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