Patna High Court
Brijnandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Brijnandan Kumar, was arrested in connection with an excise case where 99 litres of liquor were recovered from a motorcycle, alleged to be offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was merely a passer‑by, had no possession of the liquor, and that no incriminating material linked him to the seizure; he also pointed out the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, arguing the seriousness of the offence. Considering the petitioner’s claim of innocence, the period of custody since 16‑11‑2025, and the procedural lapse, the Court decided to grant bail. The bail was set at a cash 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 with Section 103 of the BNSS, 2023, warrants bail.
- Whether the petitioner’s claim of being a mere passer‑by and lack of incriminating material affect the bail decision.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- Section 103 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3956 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- Excise P.S. District- Sheohar
======================================================
Brijnandan Kumar Son of Sheoji Rai Resident of Village Tajpur Bankul Tola,
Ward No.- 05, P.S.- Sheohar, District - Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar, Advocate
Mr. Vikash Khanna, Advocate
For the Opposite Party/s : Ms. Asha Devi, 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
Sheohar Excise PS Case No. 285 of 2025 instituted for the
offences under Section/s 30(a) & 32(3) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 99 liters
liquor was recovered from motorcycle.
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. It is submitted
Patna High Court CR. MISC. No.3956 of 2026(2) dt.27-01-2026
2/2
that petitioner was merely passerby and has become the victim
of the circumstance. The petitioner is in custody since
16.11.2025 and has got one criminal antecedent/s. There is no
compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sheohar Excise PS
Case No. 285 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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