Patna High Court
Upendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding insufficient grounds to deny liberty.
Summary
The petitioner, Upendra Kumar, was arrested in connection with a case alleging possession of 86.625 litres of illicit foreign liquor recovered from a shop, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that no incriminating article was found in his personal possession, he had no ownership or control over the shop, and he possessed no prior criminal record. He also highlighted the non‑application of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court, noting the lack of direct evidence linking the petitioner to the liquor and his clean antecedents, decided to grant bail. Accordingly, the petitioner was released on a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged contraband was recovered from a shop and not from his personal possession
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- Section 30(a)
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4208 of 2026
Arising Out of PS. Case No.-459 Year-2025 Thana- NEMDARGANJ District- Nawada
======================================================
Upendra Kumar S/o Uday Prasad R/o Village - Indaul, P.S - Nemdarganj,
District - Nawada
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, A.P.P
======================================================
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
Nemdarganj P.S. Case No. 459 of 2025 instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 86.625
litres of illicit foreign liquor has been recovered from the shop.
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
from the shop and the petitioner has no concern with the shop.
The petitioner has got no concern with the alleged recovery of
Patna High Court CR. MISC. No.4208 of 2026(2) dt.27-01-2026
2/2
liquor. The petitioner is in custody since 19.12.2025 and has no
criminal antecedent. 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 Nemdarganj P.S.
Case No. 459 of 2025.
(Rudra Prakash Mishra, J)
atul/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.