Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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