Patna High Court
Raj Kumar BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
Raj Kumar Bind was arrested after 43 litres of liquor was recovered from a public place and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, asserting that he was falsely implicated, that no liquor was found in his possession, that he has no prior criminal record, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. The Court examined the lack of direct incriminating evidence, the petitioner’s clean record and the period of custody, and decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties of the same amount, as pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail can be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of direct incriminating evidence
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- liquor seizure
- criminal procedure
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.611 of 2026
Arising Out of PS. Case No.-593 Year-2025 Thana- BYPASS District- Patna
======================================================
Raj Kumar Bind S/o Parmanand Beldar Resident of Village- Bahri Begampur,
Sidhe Bazar Chauraha, P.S.- Bypass, District- 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. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bypass
P.S. Case No. 593 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 43 litres
of liquor has been recovered from plastic sac.
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 rather the recovery has been made
from an open place which is accessible to public at large. The
petitioner has got no concern with the alleged recovery of
Patna High Court CR. MISC. No.611 of 2026(2) dt.19-01-2026
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liquor. The petitioner is in custody since 02.12.2025 and has 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 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 Bypass P.S. Case No.
593 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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