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Patna High Court

Arvind Kumar @ Arvind RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Arvind Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 2 litres of liquor were recovered from his house. He claimed innocence, stating that the recovery was from a joint family house and that his name was implicated by a local watchman's disclosure, with no incriminating material found in his possession. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the petitioner’s six prior criminal antecedents. The court, after considering the circumstances and the period of custody, decided to grant bail subject to a bond of Rs. 15,000 with two sureties and several conditions, including family surety, regular court appearances, and non‑tampering with evidence. The bail order was conditioned on the trial court’s authority to cancel the bond upon violation of any condition.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Section 103
  • antecedents
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8120 of 2026
                 Arising Out of PS. Case No.-225 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua)
                 ======================================================
                 Arvind Kumar @ Arvind Ram Son of Sakaldeep Ram Resident of Village -
                 Lebedha, P.S. - Ramgarh, Dist. - Kaimur, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Aquaib Khan, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Prasad, APP
                 ======================================================
                 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

                   Ramgarh P.S. Case No. 225 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 02 liters

                   liquor was recovered from the house of petitioner.

                                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 liquor. Learned counsel
Patna High Court CR. MISC. No.8120 of 2026(2) dt.10-02-2026
                                            2/3




          for the petitioner also submitted that the petitioner was not

          arrested on spot. Name of the petitioner has transpired in this

          case on the basis of disclosure made by local chaukidar. It is

          further submitted that the alleged recovery has been made from

          the joint house of the petitioner where other family members

          also reside. The petitioner is in custody since 09.01.2026 and

          has got six criminal antecedents. 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 after framing

          of charge, if not already framed, 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 Ramgarh P.S. Case No. 225 of 2025,

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date
             Patna High Court CR. MISC. No.8120 of 2026(2) dt.10-02-2026
                                                         3/3




                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.

                                     (III) The petitioner will not tamper with the evidence

                       or the witnesses during the trial.

                                     (IV) Petitioner shall not commit offence of similar

                       nature in future.

                                     If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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