Patna High Court
Moti KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioners.
Summary
The petitioners – Moti Kumar, Arpit Kumar Singh and Ashish Singh – were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 210 litres of liquor was recovered from buckets in a public place. They contended that they were falsely implicated, no liquor was found in their possession and the recovery was from an open area accessible to all. They also argued that the investigation did not comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and they have no prior criminal record. The State opposed the bail application. Considering the lack of direct evidence against them, the absence of prior convictions and the procedural lapse, the Court granted bail to each petitioner on a bond of Rs.15,000 with two sureties of the same amount. The bail order was directed to be complied with by the lower court handling the original case.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5952 of 2026
Arising Out of PS. Case No.-389 Year-2025 Thana- SAUR BAZAR District- Saharsa
======================================================
1. Moti Kumar S/O Raman Kumar Singh R/O Ward No.-02, Village- Dehad,
P.S- Sonbarsa Raj, Distt.- Saharsa.
2. Arpit Kumar Singh S/O Late Bhushan Singh R/O Ward No.-02, Village-
Dehad, P.S- Sonbarsa Raj, Distt.- Saharsa.
3. Ashish Singh S/O Randhir Singh R/O Ward No.-02, Village- Dehad, P.S-
Sonbarsa Raj, Distt.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Raj, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
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 Saur
Bazar P.S. Case No. 389 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 210 litres
of liquor has been recovered from buckets.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.5952 of 2026(2) dt.31-01-2026
2/2
possession of the petitioners rather the recovery has been made
from an open place which is accessible to public at large. The
petitioners have got no concern with the alleged recovery of
liquor The petitioners are in custody since 27.11.2025 and have
no criminal antecedent. There is no compliance of Section 103
of the Bharatiya Nagarika 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 as also 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 Saur Bazar P.S. Case
No. 389 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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