Patna High Court
Uday KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Uday Kumar, was arrested after 100 litres of liquor were recovered from a motorcycle and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not the owner of the motorcycle, no incriminating material was found in his possession, and he was arrested merely on suspicion, despite being a local milk seller with two prior criminal antecedents for which he was on bail. The petitioner also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence, the short period of custody, and the statutory non‑compliance, the Court decided to grant bail, requiring a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and evidence.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- suspicion
- possession
- surety
- Section 30
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90171 of 2025
Arising Out of PS. Case No.-894 Year-2025 Thana- MASAUDHI District- Patna
======================================================
Uday Kumar Son of Bijendra Prasad @ Bijendra Yadav Resident of Village
-Harala PS- Kadirganj Dist -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard Mr. Ashok Kumar, learned counsel for the
petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with
Masaurhi (Lahsuna) P.S. Case No. 894 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 100 liters
liquor was recovered from motorcycle and the petitioner was
arrested on spot.
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
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.90171 of 2025(2) dt.12-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner is not the
owner of the motorcycle in question. It is further submitted that
the petitioner is a local milk seller and he has been arrested only
on the basis of suspicion. The petitioner is in custody since
18.11.2025 and has got two criminal antecedents in which he is
on bail. There is no compliance of Section 103 of the Bharatiya
Nagarik 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 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Masaurhi (Lahsuna)
P.S. Case No. 894 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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