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Patna High Court

Aayush KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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