Patna High Court
Ashish Kumar @ TeniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Ashish Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 450 litres of liquor recovered from three motorcycles. He claimed he was falsely implicated, had no liquor in his conscious possession, and was not linked to the vehicles. The petitioner had been in custody since 30‑12‑2025 and possessed one prior criminal antecedent, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the lack of direct evidence, the duration of custody, and procedural lapses, decided to grant bail. The bail was set at Rs. 15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8344 of 2026
Arising Out of PS. Case No.-189 Year-2025 Thana- Gurupa District- Gaya
======================================================
Ashish Kumar @ Teni S/O Umesh Yadav @ Umesh Kumar Yadav R/O
Village-Gobardaha, P.S.- Gurpa, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Onkar Nath, Advocate
For the Opposite Party/s : Mr. Rana Randhir 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 Gurpa
P.S. Case No. 189 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 450 litres
of liquor was recovered from three motorcycles.
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 vehicles in
question or the alleged recovery of liquor. The petitioner is in
Patna High Court CR. MISC. No.8344 of 2026(2) dt.10-02-2026
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custody since 30.12.2025 and has one 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 Gurpa P.S. Case No.
189 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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