Created by Fuzzy Cloud

Patna High Court

Banti KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.