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Patna High Court

Prakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Prakash Kumar, was arrested in connection with a case alleging possession of 75 litres of liquor recovered from a cowshed, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, no liquor was found in his personal possession, the recovery was from a public area, he has no prior criminal record, and the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed the bail application. The Court examined the lack of direct incriminating evidence, the petitioner’s clean record, and the procedural lapse, and found no compelling reason to keep him in custody. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs. 15,000 with two sureties of equal amount. The bail order effectively disposes of the petition.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail
  • Whether the absence of liquor in the petitioner’s personal possession and his clean criminal record justify bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • Section 30(a)
  • Section 103
  • criminal antecedent
  • procedural lapse

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90167 of 2025
                       Arising Out of PS. Case No.-498 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
                 Prakash Kumar S/o Manoj Chaudhary R/o Village- Kanhauli Manohar, P.S.-
                 Baniyapur, District- Saran, Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sauravh Singh, Advocate
                 For the Opposite Party/s :       Mr. Kanhaiya Kishore, 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

                   Banjariyapur P.S. Case No. 498 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 total 75 litres

                   of liquor has been recovered from cowshed.

                               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 rather the recovery has been made

                   from an open place which is accessible to public at large. The
           Patna High Court CR. MISC. No.90167 of 2025(2) dt.19-01-2026
                                                       2/2




                     petitioner has got no concern with the alleged recovery of

                     liquor. The petitioner is in custody since 19.11.2025 and has no

                     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 Banjariyapur P.S.

                     Case No. 498 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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