Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Saurav Kumar, was arrested in connection with an excise case involving the seizure of 1,125 litres of illicit foreign liquor, alleged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The prosecution argued that the liquor was recovered from a truck, but no incriminating article was found in the petitioner's possession and he had no prior criminal record. The petitioner contended that he was falsely implicated and that the investigation did not comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. After hearing both sides, the Court considered the lack of direct evidence against the petitioner and the period of custody already served. The Court decided to grant bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the seizure of illicit liquor under the Bihar Prohibition and Excise Act.
- Whether the prosecution has established sufficient grounds to deny bail.
- Whether the investigation complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Legislation cited
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4812 of 2026
Arising Out of PS. Case No.-298 Year-2025 Thana- Excise P.S. District- Madhepura
======================================================
Saurav Kumar Son of Brahamdev Yadav @ Brahamdev Prasad Yadav
Resident of Village- Dinapatti Pararia, P.S.- Bharrahi, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Barun Kumar Singh, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, 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
Madhepura Excise P.S. Case No. 298 of 2025 instituted for the
offences punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 1125
litres of illicit foreign liquor was recovered from truck.
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
Patna High Court CR. MISC. No.4812 of 2026(2) dt.28-01-2026
2/2
question or with the alleged recovery of liquor. The petitioner is
in custody since 07.12.2025 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 Madhepura Excise
P.S. Case No. 298 of 2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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