Patna High Court

Akash KumarversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail could be granted as the arrest was based merely on suspicion and there was no material directly linking the petitioner to the recovered liquor.

Summary

The petitioner, Akash Kumar, was arrested after 20 litres of liquor were recovered from a motorcycle, and he sought bail under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged possession of illicit liquor, while the petitioner claimed innocence, asserting that he was not the owner of the motorcycle and that no incriminating material linked him to the liquor. The defence highlighted that the arrest was based solely on suspicion and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed bail, but the court, considering the lack of direct evidence and the petitioner’s custody period, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the petitioner’s attendance at all trial dates.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and evidence.
Whether the arrest, made on mere suspicion without compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justifies denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 103
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
suspicion
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6033 of 2026
                      Arising Out of PS. Case No.-378 Year-2025 Thana- DIDARGANJ District- Patna
                 ======================================================
                 Akash Kumar Son of Ram Sakal Singh @ Ram Sakal Singh @ Ramsakal
                 Singh R/o Village - Sonwa, P.S. - Didarganj, Dist. - Patna.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Rai, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, 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

                   Didarganj P.S. Case No. 378 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 20 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
Patna High Court CR. MISC. No.6033 of 2026(2) dt.31-01-2026
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          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the petitioner has been

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

          that the petitioner is not the owner of the motorcycle in

          question. The petitioner is in custody since 22.11.2025 and has

          got four criminal antecedents. 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 Didarganj P.S. Case

          No. 378 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.6033 of 2026(2) dt.31-01-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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