Patna High Court
Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner.
Summary
Arvind Kumar was arrested in connection with the recovery of 1,251 litres of wine from a pickup van and charged under Sections 317(5) and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that no incriminating article was found in his possession, he had been in custody since 13‑04‑2026, and he possessed no prior criminal record. The State opposed the bail application. The Court, noting the petitioner’s lack of antecedents and the circumstances of his custody, decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Judge, Excise‑III, Muzaffarpur. The Court clarified that its observations were prima facie and not to be taken as a determination on the merits of the case.
Issues considered
- Whether bail should be granted to the accused under the charges of Sections 317(5), 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- prohibition
- narcotic substances
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 39303 of 2026
Arising Out of PS. Case No.-127 Year-2024 Thana- SIWAIPATTI District- Muzaffarpur
======================================================
Arvind Kumar Son of Babulal Rai Resident of Village - Bakhari, P.S. -
Rajepur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Adv.
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Siwaipatti P.S. Case
No. 127 of 2024 registered under Sections 317(5), 3(5) of BNS
and 30(a) of Bihar Prohibition and Excise Act.
3. The allegation is that 1251 litres of wine was
recovered from the Pickup Van.
4. Learned counsel for the petitioner submits that
nothing incriminating article was recovered from the possession
of the petitioner. He further submits that the petitioner is in
custody since 13.04.2026 and has no criminal antecedent.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No. 39303 of 2026(2) dt.17-06-2026
2/2
6. Considering that the petitioner is in custody since
13.04.2026 and has no criminal antecedent, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner, above named, 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 Exclusive Special Judge,
Excise -III, Muzaffarpur in connection with Siwaipatti
P.S. Case No. 127 of 2024.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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