Patna High Court

Vishal KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Vishal Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 44.55 litres of liquor were recovered from a cow shed near his house. He claimed innocence, arguing that the liquor was found in an open public area, that he was not arrested on the spot, and that his name was disclosed by locals; he also pointed out the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offence and the petitioner’s three prior criminal antecedents. The court considered the circumstances, including the period of custody and the absence of incriminating material in the petitioner’s possession, and decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and the petitioner’s attendance at all trial dates.

Issues considered

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

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
Section 103
antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8186 of 2026
                      Arising Out of PS. Case No.-402 Year-2025 Thana- DIDARGANJ District- Patna
                 ======================================================
                 Vishal Kumar S/O Shankar Rai @ Shiv Shankar Rai R/O vill - Didarganj, P.s
                 - Didarganj,Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood, 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

                   Didarganj P.S. Case No. 402 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 44.55 liters

                   liquor was recovered from cow shed near 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
Patna High Court CR. MISC. No.8186 of 2026(2) dt.10-02-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the alleged recovery has

          been made from the cow shed of the petitioner and the same is

          an open place which is easily accessible to the public at large. It

          is further 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 people. The petitioner is in custody

          since 04.01.2026 and has got three 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 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 Didarganj P.S. Case

          No. 402 of 2025, subject to the following conditions:

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

          the family of the petitioner.
             Patna High Court CR. MISC. No.8186 of 2026(2) dt.10-02-2026
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                                    (II) The petitioner shall appear on each and every date

                       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.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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