Patna High Court
Om Prakash KumarversusThe 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, 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
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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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