Patna High Court

Darshan Kumar DasversusThe State of Bihar

Decided: 28 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, Darshan Kumar Das, applied for bail in a case (Bela PS No.263/2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for possession of 171 litres of illicit Nepali liquor recovered from five motorcycles. The petitioner contended that he was falsely implicated, no liquor was found in his possession, and he had no connection with the vehicles involved. The State opposed bail, highlighting the petitioner’s two prior criminal antecedents and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. After considering the facts, the court found the petitioner’s claim of non‑involvement credible and, despite the antecedents, decided to grant bail. The court ordered release on a bail bond of Rs.15,000 with two sureties, imposing conditions of family surety, regular appearance, and possible cancellation on two consecutive defaults.

Issues considered

What is the appropriate exercise of discretion in granting bail to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act?
Does the petitioner’s prior criminal antecedents and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, preclude the grant of bail?
Is there sufficient evidentiary basis to link the petitioner to the recovered illicit liquor?

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
illicit liquor
Section 30(a)
Section 103
criminal antecedents
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4678 of 2026
                        Arising Out of PS. Case No.-263 Year-2025 Thana- BELA District- Sitamarhi
                 ======================================================
                 Darshan Kumar Das Son of Late Shibbu Das @ Late shibu Das @ Late Sibu
                 Das Resident of village - Usraina Bazar @ ward no. 10, Manpaur, P.S.- Bela,
                 Dist.- Sitamarhi
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Md. Iftekhar Mahmood, 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 Bela

                   P.S. Case No. 263/2025 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 171 litres

                   of illicit Nepali liquor was recovered from five motorcycle.

                               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. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in

                   question or with the alleged recovery of liquor. The other co-

                   accused person has been granted regular bail by this Hon’ble

                   court vide order dated 19.01.2026 passed in Cr. Misc. No. 1665
             Patna High Court CR. MISC. No.4678 of 2026(2) dt.28-01-2026
                                                         2/2



                       of 2026. The petitioner is in custody since 05.12.2025 and has

                       two 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 Bela P.S. Case No.

                       263/2025, 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.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T

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