Patna High Court
Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Pradeep Kumar, was arrested in connection with a case (Salaiya P.S. Case No. 113 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 100 litres of liquor recovered from a public area. The petitioner contended that he was falsely implicated, no liquor was found in his personal possession, he has no prior criminal record, and the prosecution failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. The Court examined the facts, the lack of direct evidence against the petitioner, and the period of his custody, and found sufficient grounds to grant bail. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material in the petitioner's possession and alleged procedural lapses justify bail.
- Whether compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 is required for bail consideration.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- Section 103
- criminal antecedent
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8270 of 2026
Arising Out of PS. Case No.-113 Year-2025 Thana- SALAIYA District- Aurangabad
======================================================
Pradeep Kumar S/o Rajeshwar Ram R/o vill- Mohan bigha, P.S.- Kasma,
Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, 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 Salaiya
P.S. Case No. 113 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 has been recovered near hill in plastic gallon.
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
petitioner has got no concern with the alleged recovery of
Patna High Court CR. MISC. No.8270 of 2026(2) dt.10-02-2026
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liquor. The petitioner is in custody since 10.12.2025 and has no
criminal antecedent. 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 Salaiya P.S. Case
No. 113 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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