Patna High Court
Neeraj Kumar @ Baua Singh @ Neeraj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to monetary and procedural conditions.
Summary
The petitioner, Neeraj Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 86 litres of liquor were recovered from three plastic sacs in a public area. He contended that he was falsely implicated, arguing that no liquor was found in his personal possession and that the recovery was from an open place accessible to the public. The petitioner had been in custody since 26‑12‑2025 and possessed four prior criminal convictions, and the prosecution alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application, citing the seriousness of the offence and the petitioner’s antecedents. The Court, after considering the facts and the lack of direct possession, decided to grant bail subject to a cash bond of Rs.15,000, two sureties, and specific conditions regarding appearance, non‑tampering with evidence, and refraining from similar offences.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged contraband was recovered from a public place and not from the accused’s possession.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- criminal antecedents
- Section 30(a)
- Bihar
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8251 of 2026
Arising Out of PS. Case No.-463 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Neeraj Kumar @ Baua Singh @ Neeraj Singh S/o Late Ramesh Kumar Singh
@ Ramesh Singh R/o Village - Mahuli, P.S - Athmalgola, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, 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
Athmalgola P.S. Case No. 463 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 86 litres
of liquor has been recovered from three plastic sacs.
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
Patna High Court CR. MISC. No.8251 of 2026(2) dt.10-02-2026
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petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 26.12.2025 and has
four criminal antecedents. 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 Athmalgola P.S.
Case No. 463 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
Patna High Court CR. MISC. No.8251 of 2026(2) dt.10-02-2026
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(IV) The petitioner shall not commit any offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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