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Patna High Court

Kavi Kumar Sahi @ Kavi Kumar ShahiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Kavi Kumar Sahi, was arrested after 54 litres of liquor were recovered from two motorcycles, though he was not the owner and no incriminating material was found on him. He argued that his arrest was based solely on suspicion and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the offence under Section 30(a) of the Bihar Prohibition and Excise Act. Considering the lack of direct evidence, the petitioner’s limited criminal antecedent, and the period of custody already served, the Court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Act when the accused is not the owner of the vehicle and no incriminating material is found on him
  • Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail
  • Whether the petitioner’s prior criminal antecedent affects the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • suspicion
  • non-ownership
  • criminal antecedent
  • Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6066 of 2026
                   Arising Out of PS. Case No.-509 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Kavi Kumar Sahi @ Kavi Kumar Shahi Son of Arvind Shahi @ Arbind Shahi
                 Resident of Village- Balthari, P.S.- Kuchaikote, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pankaj Kumar Dubey, Advocate
                 For the Opposite Party/s :      Mr. Yogendra 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

                   Kuchaikote P.S. Case No. 509 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 54 liters

                   liquor was recovered from two motorcycles 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
             Patna High Court CR. MISC. No.6066 of 2026(2) dt.31-01-2026
                                                         2/2




                       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 motorcycles in

                       question. The petitioner is in custody since 21.11.2025 and has

                       got one 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 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                Kuchaikote P.S.

                       Case No. 509 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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