Created by Fuzzy Cloud

Patna High Court

Hemant Kumar @ Hemte kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.