Patna High Court
Kavi Kumar Sahi @ Kavi Kumar ShahiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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