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Patna High Court

Durga Kumar @ Durga MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Durga Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 90 litres of liquor recovered from a public place. He contended that he was falsely implicated, had no incriminating article in his possession, no prior criminal record, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence against him, his clean antecedents, and the circumstances of his custody, the Court decided to grant bail. The Court ordered his release upon furnishing a bail bond of Rs. 15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material in his possession
  • Whether the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • liquor possession
  • Bharatiya Nagarika Suraksha Sanhita
  • Section 103
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8273 of 2026
                   Arising Out of PS. Case No.-316 Year-2025 Thana- BUDDHACOLONY District- Patna
                 ======================================================
                 Durga Kumar @ Durga Mahto Son of Late Kamal Mahto Resident of Dujra
                 Machli Bazaar, P.S.- Buddha Colony, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anuj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Mritunjay Kumar Nirala, 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 Buddha

                   Colony P.S. Case No. 316 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 90 litres

                   of liquor has been recovered from jute bag.

                               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.8273 of 2026(2) dt.10-02-2026
                                                       2/2




                     petitioner has got no concern with the alleged recovery of

                     liquor. The petitioner is in custody since 12.12.2025 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 Buddha Colony P.S.

                     Case No. 316 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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