Patna High Court
Banti KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, Banti Kumar and Nitish Kumar, were arrested after 120 litres of liquor was recovered from a motorcycle in Suryagarha. They contended that they were merely the driver and pillion rider and had no knowledge or possession of the seized liquor, asserting innocence despite each having one prior criminal record. The prosecution argued that the liquor was found in the vehicle they were using, while the petitioners highlighted the absence of incriminating material on them and non‑compliance with Section 103 of the B.N.S.S., 2023. After considering the facts, the period of custody since 17‑12‑2025, and the lack of direct evidence, the Court decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs 15,000 with two sureties of the same amount to the concerned lower court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the seizure and their antecedents.
Legislation cited
- B.N.S.S. — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- liquor seizure
- antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9049 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- SURYAGARHA District- Lakhisarai
======================================================
1. Banti Kumar S/O Prakash Yadav R/O Village- Bannu- Bagicha, P.S- Bannu
Bagicha, Distt.- Lakhisarai.
2. Nitish Kumar S/O Umesh Yadav R/O Village- Sitarampur, P.S- Suryagarha,
Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brajesh Sahay, Advocate
Ms. Harshita, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in Suryagarha P.S. case
No. 330 of 2025 instituted for the offences under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 120 liters
liquor was recovered from motorcycle.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioners. The petitioners
have got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.9049 of 2026(2) dt.12-02-2026
2/2
further submitted that petitioner No. 1 was driving the
motorcycle and petitioner No. 2 was sitting as pillion rider. They
have no concern with the seized liquor. The petitioners are in
custody since 17.12.2025 and have got one criminal antecedent
each. There is no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Suryagarha P.S. case
No. 330 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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