Patna High Court

Solu KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to bond, sureties and attendance conditions.

Summary

The petitioner, Solu Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 100 litres of liquor recovered from a scooty. He claimed false implication, noting that no incriminating article was found in his conscious possession and he had no link to the vehicle. The State opposed bail, while the petitioner’s counsel highlighted his lack of involvement and the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The court, considering the facts, the period of custody since 22‑11‑2025, and the petitioner’s three prior criminal antecedents, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions that a family member act as a bailor and the petitioner appear at every trial date, with cancellation possible after two consecutive defaults.

Issues considered

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

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarika Suraksha Sanhita
criminal antecedents
surety
trial attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.827 of 2026
                     Arising Out of PS. Case No.-488 Year-2025 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Solu Kumar Son of Binod Ray R/o Nirpura, P.S.- Beur, Dist.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ram Jiban Pd Singh, Advocate
                 For the Opposite Party/s :      Mr. Ajay Kumar No. 2, 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 Parsa

                   Bazar P.S. Case No. 488 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 100 litres

                   of liquor was recovered from scooty.

                               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. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in

                   question or the alleged recovery of liquor. The petitioner is in
           Patna High Court CR. MISC. No.827 of 2026(2) dt.19-01-2026
                                                       2/2




                     custody since 22.11.2025 and has three 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 Parsa Bazar P.S.

                     Case No. 488 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

                     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)
Alok Verma/-

U      T

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