Patna High Court
Kishun kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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