Patna High Court
Vijay Basfor @ KhesariversusThe 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, Vijay Basfor, was arrested in a drunken state and charged under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act after 4.86 litres of liquor was recovered from the house of a co‑accused. He contended that he had no possession of the liquor, was falsely implicated, and that no incriminating material was found on him, although he had one prior criminal antecedent. The State opposed bail, while the petitioner’s counsel argued lack of direct evidence and non‑compliance with Section 103 of the B.N.S.S., 2023. Considering the facts, the period of custody since 7 January 2026, and the absence of material linking the petitioner to the liquor, the Court inclined to grant bail. The Court ordered his release on bail upon furnishing a bond of Rs 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act given the circumstances of arrest and evidence.
- Whether the alleged non‑compliance with Section 103 of the B.N.S.S., 2023 bars the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 37
- Section 103
- criminal procedure
- intoxication
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8502 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- MADHAURAH District- Saran
======================================================
Vijay Basfor @ Khesari S/o- Late Rambabu Basfor Resident Of Village-
Marhowah Ward No 13, Ps- Marhowrah, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Marhowrah P.S. case
No. 22 of 2026 instituted for the offences under Sections 30(a)
and 37 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 4.86 liters
liquor was recovered from the house of co-accused and the
petitioner was arrested on spot in drunken state.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.8502 of 2026(2) dt.11-02-2026
2/2
further submitted that recovery is made from the house of the
co-accused. The petitioner is in custody since 07.01.2026 and
has got one criminal antecedent. There is no compliance of
Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. 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 and 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Marhowrah P.S.
case No. 22 of 2026.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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