Patna High Court

Uday KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Uday Kumar, was arrested in connection with the recovery of 423 litres of Nepali liquor from a vehicle, alleged to be offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was merely a passer‑by and not the owner of the vehicle, and that no incriminating material was found in his possession. The State opposed bail, while the petitioner argued lack of criminal antecedents and non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, after considering the facts and the period of custody since 20‑09‑2025, decided to grant bail subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and appearance. The bail order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the petitioner despite the alleged offences under the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.
Whether the petitioner’s lack of criminal antecedents and the circumstances of his alleged involvement justify release on bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition
liquor seizure
Section 103
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90676 of 2025
                      Arising Out of PS. Case No.-221 Year-2025 Thana- Excise P.S. District- Sheohar
                 ======================================================
                 Uday Kumar S/o Ramaishwar Sahni R/o Village - Bakhari, Ward no. 1, P.S -
                 Bairganiya, District - Sitamarhi
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Devendra Kumar, Advocate
                 For the Opposite Party/s :        Mr.Rana Randhir Singh, A.P.P.
                 ======================================================
                 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

                   Sheohar Excise P.S. Case No. 221 of 2025 instituted for the

                   offences punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 423

                   liters of Nepali liquor was recovered from car.

                                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

                   no concern with the alleged recovery of liquor. The petitioner is

                   not the owner of the vehicle rather he was passersby of the way

                   and has become victim of circumstances. The petitioner is in
           Patna High Court CR. MISC. No.90676 of 2025(2) dt.12-01-2026
                                                       2/2




                     custody since 20.09.2025 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 Sheohar Excise P.S.

                     Case No. 221 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)

manish/-

U      T

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