Patna High Court

Gore KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court inclined to grant bail to the petitioner, subject to prescribed conditions.

Summary

Gore Kumar was arrested in connection with a case alleging that 300 litres of liquor were recovered from two motorcycles, violating Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession, and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. He had been in custody since 19‑12‑2025 and possessed one prior criminal antecedent. The State opposed the bail application, arguing the seriousness of the offences. After considering the facts, the court granted bail on a bond of Rs. 15,000 with two sureties, subject to conditions regarding family surety, appearance in court, and non‑interference with evidence or witnesses.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act considering the alleged facts and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
false implication
criminal antecedent
Section 103 BNSS
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8855 of 2026
                  Arising Out of PS. Case No.-428 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
                 ======================================================
                 Gore Kumar S/o Upendra Yadav R/o Village- Mochrak, P.S.- Gurpa, District-
                 Gaya Ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Syed Asgher Najmi, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Sherghati P.S. Case No. 428 of 2025 instituted for the offences

                   punishable under Sections 30(a), 32(3) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 300 litres

                   of liquor was recovered from two 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
Patna High Court CR. MISC. No.8855 of 2026(2) dt.04-02-2026
                                            2/3




          question or the alleged recovery of liquor. The petitioner is in

          custody since 19.12.2025 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 Sherghati P.S. Case

          No. 428 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or a

          close family member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during

          the course of trial.
           Patna High Court CR. MISC. No.8855 of 2026(2) dt.04-02-2026
                                                       3/3




                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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