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Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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