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Patna High Court

Shyam KishorversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Shyam Kishor, was arrested in connection with an excise case (Case No. 767/2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where 105 litres of liquor were recovered from a public place. He contended that he was falsely implicated, no liquor was found in his possession, he has no prior criminal record, and the investigation did not comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of incriminating material against the petitioner, his clean antecedent, and the period of custody already endured, the Court decided to grant bail. The Court ordered his release on furnishing a bail bond of Rs. 15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Subjects

  • bail
  • excise offence
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • Section 30(a)
  • criminal procedure
  • no antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5311 of 2026
                     Arising Out of PS. Case No.-767 Year-2025 Thana- Excise P.S. District- Jehanabad
                 ======================================================
                 Shyam Kishor S/o Late Sunil Kumar @ Sunil Sharma Resident of Village -
                 Murhara, P.S - Shakurabad, District - Jehanabad

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajeev Ranjan, Advocate
                 For the Opposite Party/s :        Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Jehanabad Excise P.S. Case No. 767/2025 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 105 litres

                   of liquor has been recovered from seven plastic 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.5311 of 2026(2) dt.29-01-2026
                                                         2/2




                       petitioner has got no concern with the alleged recovery of

                       liquor. The petitioner is in custody since 03.12.2025 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 Jehanabad Excise

                       P.S. Case No. 767/2025.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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