Patna High Court
Uday Kumar @ HarishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as the facts did not justify continued detention.
Summary
Petitioner Uday Kumar was arrested on 10 December 2025 after 669.63 litres of liquor were recovered from his rented house in Jakkanpur. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was innocent, asserting that no liquor was found in his conscious possession and that he had been falsely implicated. The State opposed the bail application, while the petitioner pointed out the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court considered the facts, the period of custody, and the lack of incriminating material and found no compelling reason to deny bail. Accordingly, the Court granted bail, ordering release on a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Section 30
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5353 of 2026
Arising Out of PS. Case No.-980 Year-2025 Thana- JAKKANPUR District- Patna
======================================================
Uday Kumar @ Harish Son of Late Madan Prasad Rastogi Resident of
Mashrak, P.S.- Mushrak, District - Saran, presently residing at Bank Colony
Bus Stand at Mohan Yadav's rented house P.S. - Jakkanpur, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Smita Shreeyash, Advocate
For the Opposite Party/s : Mr.Sucheta Yadav, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Jakkanpur P.S. Case No. 980 of 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 669.63
liters liquor was recovered from rented room of the petitioner.
Petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.5353 of 2026(2) dt.31-01-2026
2/2
no concern with the alleged recovery of liquor. The alleged
recovery has been made from the rented house of the petitioner.
The petitioner is in custody since 10.12.2025 and has got one
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 petitioner.
6. Considering the aforesaid facts and circumstances
of the case and 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 Jakkanpur P.S. Case
No. 980 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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