Patna High Court

Durga Kumar @ Durga Chand Ray @ Durga Chandra RaiversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to monetary and attendance conditions.

Summary

The petitioner, Durga Kumar, sought bail in a case (PS No.57 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 102.75 litres of liquor were recovered from a house he occupied. The petitioner claimed innocence, arguing that the liquor was found in a joint family house and that no incriminating material linked him to the possession, while noting his three prior criminal antecedents and lack of compliance with Section 103 of the BNSS, 2023. The State opposed the bail application. Considering the facts, the period of custody since 14‑10‑2025, and the petitioner’s claim of non‑possession, the Court decided to grant bail. The bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s attendance at every trial date, with cancellation possible upon two consecutive defaults. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the seizure of liquor from a jointly occupied house.
Whether the petitioner’s prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023, preclude bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
excise
liquor seizure
criminal procedure
Bihar Prohibition and Excise Act
Section 30(a)
Section 103 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88877 of 2025
                     Arising Out of PS. Case No.-57 Year-2025 Thana- NATIONAL HIGHWAY District-
                                                        Samastipur
                 ======================================================
                 Durga Kumar @ Durga Chand Ray @ Durga Chandra Rai Son of Late
                 Babulal Ray @ Late Bauelal Ray Resident of Village- Gaddopur Sirsiya, P.S.-
                 National highway Bangara, District- Samastipur

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

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

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   National Highway Bangra PS Case No. 57 of 2025 instituted for

                   the offences under Section/s 30(a) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 102.750 liters

                   liquor was recovered from under-constructed house of the

                   petitioner.

                           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
Patna High Court CR. MISC. No.88877 of 2025(2) dt.19-01-2026
                                            2/3




          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. It is submitted

          that recovery is made from the joint house of the petitioner,

          where other family members also reside. The petitioner is in

          custody since 14.10.2025 and has got three criminal

          antecedent/s. There is no compliance of Section 103 of the

          BNSS, 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 National Highway

          Bangra PS Case No. 57 of 2025, subject to the following

          conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

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

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.88877 of 2025(2) dt.19-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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