Patna High Court
Hemant Kumar @ Hemte kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners, finding no sufficient grounds to continue their detention.
Summary
The petitioners, Hemant Kumar and Abhishek Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 98.280 litres of foreign liquor. They claimed they were merely passengers unaware of the contraband and had no prior criminal record. The prosecution argued the presence of liquor in the vehicle, while the defense highlighted the lack of incriminating material found on the petitioners and non‑compliance with Section 103 of the BNSS, 2023. The court noted that a co‑accused had already been granted bail and considered the length of custody already endured. Consequently, the court decided to grant bail, ordering each petitioner 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
- Whether the requirements of Section 103 of the BNSS, 2023 have been complied with
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- criminal procedure
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89359 of 2025
Arising Out of PS. Case No.-675 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
1. Hemant Kumar @ Hemte kumar S/o Dinesh Sah R/o Vill- Korari Khurd,
P.S.- Daraunda, Distt- Siwan
2. Abhishek Kumar S/o Anil Sah R/o Vill- Korari Khurd, P.S.- Daraunda, Distt-
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with
Dariyapur PS Case No. 675 of 2025 instituted for the offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 98.280 liters
foreign liquor was recovered from car.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.89359 of 2025(2) dt.19-01-2026
2/2
submitted that names of the petitioners have surfaced in this
case as being passenger of the vehicle in question and he was
oblivious of the fact that illicit liquor was laden in the vehicle.
The petitioners are in custody since 23.10.2025 and have got no
criminal antecedent/s. There is no compliance of Section 103 of
the BNSS, 2023. Other co-accused has been granted bail by this
Court vide order dated 01.12.2025, passed in Cr. Misc. No.
81722 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dariyapur PS Case
No. 675 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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