Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Niraj Kumar, was arrested after 141.24 liters of liquor were recovered from his joint house and charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was not in his conscious possession, that he had no criminal antecedents, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. The Court examined the custody period, lack of incriminating material directly linked to the petitioner, and his clean record, and found no compelling reason to deny bail. Consequently, the Court ordered his release on bail with a bond of Rs. 15,000 and two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in a case of alleged possession of liquor under Section 317(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the absence of conscious possession and lack of prior criminal record justify bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
Subjects
- bail
- possession of liquor
- prohibition law
- criminal procedure
- Section 317
- Section 30
- Section 103
- no prior record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90175 of 2025
Arising Out of PS. Case No.-210 Year-2025 Thana- Geedha District- Bhojpur
======================================================
Niraj Kumar Son of Late Satyendra Rai Residence of village- Gidha tola, Ps-
Gidha, Dist- bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Gidha
P.S. Case No. 210 of 2025, instituted for the offences punishable
under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 141.24 liters
liquor was recovered from the house of the petitioner and he
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.90175 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 alleged recovery has been
made from the joint house of the petitioner where other family
members also reside. The petitioner is in custody since
18.11.2025 and has got no criminal antecedent. 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 Gidha P.S. Case No.
210 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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