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Patna High Court

Om Prakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Om Prakash Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 187.200 litres of liquor recovered from a public mango orchard. He contended that he was falsely implicated, that no liquor was found in his personal possession, and that he has no prior criminal record. The State opposed bail, but the court noted the lack of direct incriminating evidence against the petitioner and the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering these factors and the period of custody already endured, the court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

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 prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023
  • Whether the accused was falsely implicated and thus entitled to bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • false implication
  • criminal procedure
  • Section 30(a)
  • Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87972 of 2025
                    Arising Out of PS. Case No.-409 Year-2025 Thana- PATAHI District- East Champaran
                 ======================================================
                 Om Prakash Kumar S/O Shiv Chandra Singh R/o Village- Jihuli, Ward No. 10
                 P.S- Patahi, District-East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjana Srivastava, Advocate
                 For the Opposite Party/s :        Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Patahi

                   P.S. Case No. 409 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 187.200

                   litres of liquor has been recovered from mango orchard.

                               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.87972 of 2025(2) dt.13-01-2026
                                                       2/2




                     liquor. The petitioner is in custody since 08.09.2025 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 Patahi P.S. Case No.

                     409 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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