Patna High Court

Amit KumarversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to both petitioners subject to stipulated conditions.

Summary

The petitioners, Amit Kumar and Dinesh Kumar, were arrested after 1,176 liters of spirit were recovered from a pick‑up vehicle and charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Act. They contended that they had no knowledge of the contraband, being merely a cleaner and driver, and that no incriminating material was found in their possession; they also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the absence of personal culpability, lack of prior record, and the duration of custody since 18‑12‑2025, the Court inclined to grant bail, ordering both petitioners to be released on bail bonds of Rs.15,000 each with two sureties and specific conditions regarding family surety and appearance in court. The bail was conditioned on the framing of charges, if not already done, and the trial court’s authority to cancel bail upon default.

Issues considered

Whether bail should be granted to the accused under the charges of illegal possession of spirit under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 317(5)

Subjects

bail
criminal procedure
excise law
illegal possession
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4911 of 2026
                   Arising Out of PS. Case No.-771 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
           1.     Amit Kumar S/o Surendra Ray Resident of Village - Salimapur, P.S.-
                  Madhaura (Gauda O.P), District - Saran (Chapra)
           2.    Dinesh Kumar S/o Krishna Ray @ Gama Ray R/o Village - Awadi, P.S -
                 Mahaura, District - Saran (Chapra)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sumit Jha, Advocate
                 For the Opposite Party/s :       Ms.Sharda Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with

                   Shebganj P.S. Case No. 771 of 2025, instituted for the offences

                   punishable under Sections 317(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 30(a), 34 and 36 of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 1176

                   liters spirit was recovered from Pick-up. Petitioners were

                   arrested on the spot.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.4911 of 2026(2) dt.29-01-2026
                                            2/3




          present case. No incriminating material has been recovered from

          the conscious possession of the petitioners. The petitioners have

          got no concern with the alleged recovery of spirit. The petitioner

          No.2 is the driver and petitioner no.1 is cleaner of the vehicle

          and they have no knowledge regarding goods loaded on the

          vehicle. The petitioners are in custody since 18.12.2025 and

          have got no criminal antecedent. There is no compliance of

          Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioner No.2 Dinesh Kumar be released

          on bail after framing of charge, if not already framed and

          petitioner No.1 Amit Kumar be released on bail, on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

          two sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Shebganj P.S. Case

          No. 771 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioners.
           Patna High Court CR. MISC. No.4911 of 2026(2) dt.29-01-2026
                                                       3/3




                                  (II) The petitioners 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 petitioners.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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