Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted as there is no material evidence linking the petitioner to the seized liquor and procedural requirements under Section 103 were not fulfilled.
Summary
Satish Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 100 litres of illicit liquor recovered from a public place. The petitioner argued that he was falsely implicated, no liquor was found in his possession, he has no prior criminal record, and the prosecution failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of incriminating evidence, the petitioner’s clean record, and procedural lapses, the court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount. The petitioner was ordered to be released on bail.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where no incriminating material is found in the accused’s possession
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail
- Whether the petitioner’s claim of false implication and clean criminal record justify bail
Legislation cited
Subjects
- bail
- excise law
- prohibition
- false implication
- Section 30
- Section 103
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4638 of 2026
Arising Out of PS. Case No.-932 Year-2025 Thana- EXCISE MASAUDHI District- Patna
======================================================
Satish Kumar S/o Chandra Manjhi R/o Village- Tineri, PS- Masaurhi, Distt-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Khushi Awadh, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Masaurhi Excise P.S. Case No. 932 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 100 litres
of illicit country-made liquor has been recovered from gallon.
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 an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.4638 of 2026(2) dt.28-01-2026
2/2
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 30.12.2025 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 Masaurhi Excise P.S.
Case No. 932 of 2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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