Patna High Court
Subhash Kumar @ Subhash PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted as there is no material directly linking the petitioner to the seized liquor and the procedural lapse under the Bharatiya Nagarik Suraksha Sanhita justifies release on condition.
Summary
Subhash Kumar was arrested in connection with the seizure of 1,205.640 litres of liquor from an open field, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no possession of the liquor, that the recovery was from a public place, and that no incriminating material linked him to the offence. He also pointed out that a co‑accused had already been granted bail and that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offence and the petitioner’s six prior criminal antecedents. After weighing the lack of direct evidence, the procedural lapse, and the period of custody, the court inclined to grant bail subject to a cash bond and specific conditions.
Issues considered
- Whether bail can be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants the grant of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- criminal procedure
- Section 103
- antecedents
- open land seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88788 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- MEHSI District- East Champaran
======================================================
Subhash Kumar @ Subhash Prasad S/O Hiralal Bhagat Resident of village
-Bathna, P.S.-Mehsi,District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Mehsi
P.S. Case No. 306 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 1205.640
liters liquor was recovered from open land.
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 submitted
that recovery has been made from open place, which is
accessible to one and all. Learned counsel for the petitioner
Patna High Court CR. MISC. No.88788 of 2025(4) dt.11-03-2026
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further submits that other co-accused has been granted bail by
this Bench vide order dated23.02.2026 passed in Cr. Misc. No.
12016 of 2026. The petitioner is in custody since 07.11.2025
and has got six criminal antecedents. There is no compliance of
Section 103 of the Bharatiya Nagarik 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 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, after framing
of charge, if not already framed, 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 Mehsi P.S. Case No. 306 of 2025,
subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close 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
Patna High Court CR. MISC. No.88788 of 2025(4) dt.11-03-2026
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prosecution evidence or influence/intimidate any witness during
the course of trial.
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)
manish/-
U T
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