Patna High Court
Vijendra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner.
Summary
The petitioner, Vijendra Prasad, was arrested on 12‑12‑2025 after 108 litres of spirit were recovered from his joint house, leading to charges under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He pleaded not guilty, asserting that no incriminating material was found in his conscious possession and that the recovery occurred in a house shared with other family members. The petitioner also highlighted his clean criminal record and the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, after considering the circumstances and the period of custody, decided to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act offences.
- Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.
Legislation cited
Subjects
- bail
- excise
- prohibition
- joint house
- no antecedent
- section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7706 of 2026
Arising Out of PS. Case No.-1376 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Vijendra Prasad Son of Shivdas Prasad Resident of Village- Ghatrain, P.S.-
Madanpur, District- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Ms.Gulnar Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Aurangabad Excise P.S. Case No. 1376 of 2025, instituted for
the offences punishable under Sections 30(a) and 32(3) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 108
liters of spirit was recovered from the house of petitioner.
Petitioner was arrested on the 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
no concern with the alleged recovery of spirit. Learned counsel
Patna High Court CR. MISC. No.7706 of 2026(2) dt.10-02-2026
2/2
for the petitioner further submitted that the recovery has been
made from joint house of the petitioner, where other family
members also reside. The petitioner is in custody since
12.12.2025 and has got no 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 Aurangabad Excise
P.S. Case No. 1376 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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