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Patna High Court

Kishun kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner.

Summary

The petitioner, Kishun Kumar, was arrested on suspicion of possessing 90 litres of liquor recovered from a motorcycle, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, that the arrest was based solely on suspicion, and that no incriminating material was found in his conscious possession. The State opposed bail, emphasizing the seriousness of the offence. The Court noted the petitioner had been in custody since 7 December 2025, had a prior criminal antecedent, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors, the Court decided to grant bail, ordering a bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the period of custody.
  • Whether the arrest based solely on suspicion and lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • suspicion
  • arrest
  • Section 30(a)
  • Section 103
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5800 of 2026
                       Arising Out of PS. Case No.-226 Year-2025 Thana- BISFI District- Madhubani
                 ======================================================
                 Kishun Kumar Son of Suresh Yadav Village -Bharan Tol, Ps- Bisfi, District
                 -Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 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 Bisfi

                   P.S. Case No. 226 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 90 liters

                   liquor was recovered from motorcycle and the petitioner was

                   arrested on 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

                   no concern with the alleged recovery of liquor. Learned counsel
             Patna High Court CR. MISC. No.5800 of 2026(2) dt.31-01-2026
                                                         2/2




                       for the petitioner also submitted that the petitioner has been

                       arrested only on the basis of suspicion. It is further submitted

                       that name of the petitioner has transpired in this case as being

                       owner of the motorcycle in question. The petitioner is in custody

                       since 07.12.2025 and has got one criminal antecedent in which

                       he is on bail. 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 Bisfi P.S. Case No.

                       226 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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