Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Alok Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 1,442.88 litres of liquor were seized from a truck. He contended that he was falsely implicated, that no liquor was found in his possession, and that he had no link to the vehicle. The petitioner, who has one prior criminal record and had been in custody since 2 December 2025, argued that the State had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of incriminating material against the petitioner, the prior bail granted to a co‑accused, and the length of custody, the Court decided to grant bail on a bond of Rs 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- false implication
- Section 30(a)
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6084 of 2026
Arising Out of PS. Case No.-390 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Alok Kumar Son of Late Bhrigunth Rai @ Bhirgu Nath Rai @ Bhrigunath
Ray @ Vrigunath Resident of Village- (Sakin)- Faijullahpur, P.S.-
Baikunthpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Shekhar, Advocate
For the Opposite Party/s : Mrs.Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Baikunthur P.S. Case No. 390/2025 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 1442.88
litres of liquor was recovered from truck.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.6084 of 2026(2) dt.30-01-2026
2/2
question or with the alleged recovery of liquor. The other co-
accused person has already been granted bail by this court vide
order dated 12.01.2026 passed in Cr. Misc. No. 91114/2025. The
petitioner is in custody since 02.12.2025 and has one 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 petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also 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 Baikunthur P.S. Case
No. 390/2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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