Patna High Court
Aayush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners.
Summary
The petitioners, Aayush Kumar and Musafir Kumar, were arrested on 21-12-2025 after 28 litres of illicit country-made liquor was recovered from a motorcycle belonging to their cousin, Manish Kumar, in Sheikhpura. They sought bail, claiming innocence, lack of incriminating material in their possession, no prior criminal record, and that the police had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. Considering the facts, the prolonged custody, and the petitioners' assertions, the Patna High Court granted bail, directing them to furnish bail bonds of Rs. 15,000 each with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioners under Sections 30(a) and 56(B) of the Bihar Prohibition and Excise Act.
- Whether the prosecution complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioners have any material linking them directly to the recovered liquor.
Legislation cited
Subjects
- bail
- excise
- prohibition act
- Section 30(a)
- Section 56(B)
- police arrest
- no prior criminal record
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5576 of 2026
Arising Out of PS. Case No.-668 Year-2025 Thana- Excise P.S. District- Sheikhpura
======================================================
1. Aayush Kumar S/o- Ram Balak Yadav R/o - Isua, P.S -Sarmera, District -
Nalanda
2. Musafir Kumar @ Musafir Sao S/o- Bhaso Sao R/o - Isua, P.S -Sarmera,
District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate
For the Opposite Party/s : Mr.Gauri Shankar Gupta, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Sheikhpura Excise P.S. Case No. 668 of 2025, instituted for the
offences punishable under Sections 30(a) and 56(B) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 28 liters
of country made liquor was recovered from motorcycle.
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
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 liquor. The
Patna High Court CR. MISC. No.5576 of 2026(2) dt.31-01-2026
2/2
petitioners are not the owner of the motorcycle rather the same
belongs to one Manish Kumar, who is cousin brother of
petitioner No.1. In fact, petitioners were going to the market
after parking the motorcycle and as soon as they returned,
Police forcibly arrested them. The petitioners are in custody
since 21.12.2025 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 petitioners 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 Sheikhpura Excise
P.S. Case No. 668 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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