Patna High Court
Omprakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner.
Summary
The petitioner, Omprakash Kumar, was arrested in connection with a case involving the recovery of 405 litres of illicit country-made liquor from a vehicle, and was charged under Section 317(5) of the Bharatiya Nagarika Suraksha Sanhita (B.N.S.) and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession, and that he had no link to the vehicle or the liquor, also highlighting the absence of compliance with Section 103 of the B.N.S. 2023. The State opposed bail. Considering the lack of direct evidence against the petitioner, his clean record, and the period of custody already served, 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, subject to the satisfaction of the lower court. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the petitioner despite the charges under Section 317(5) B.N.S. and Section 30(a) Bihar Prohibition and Excise Act.
- Whether the lack of direct possession of the illicit liquor and non‑compliance with Section 103 B.N.S. 2023 justify bail.
Subjects
- bail
- illicit liquor
- prohibition
- false implication
- Section 103
- B.N.S.
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4851 of 2026
Arising Out of PS. Case No.-462 Year-2025 Thana- MAJORGANJ District- Sitamarhi
======================================================
Omprakash Kumar S/O Tahal Ram Resident of Village- Harnahiya, P.S. -
Sahiyara, District -Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, 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
Majorganj P.S. Case No. 462 of 2025 instituted for the offences
punishable under Section 317(5) of the B.N.S. and Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 405 litres
of illicit country-made liquor was recovered from the car.
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.4851 of 2026(2) dt.28-01-2026
2/2
question or with the alleged recovery of liquor. The petitioner is
in custody since 10.12.2025 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 Majorganj P.S. Case
No. 462 of 2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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