Patna High Court
Lavkush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Lavkush Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 50 litres of liquor were recovered from his joint family house. The petitioner argued that he was falsely implicated, that no liquor was found in his personal possession, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. He also highlighted his single prior criminal antecedent and the length of his custody since 18‑11‑2025. The State opposed bail, but the court, considering the lack of direct possession, procedural lapses, and the period already spent in custody, decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged contraband was recovered from a joint family house.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal antecedent
- joint house
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91165 of 2025
Arising Out of PS. Case No.-407 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Lavkush Kumar Son of Vijay Chaudhary Resident of Village- Chamotha, P.S.-
Sirdalla, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Sirdalla
P.S. Case No. 407 of 2025 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 50 litres
of liquor has been recovered from the house of the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the joint house of the petitioner where other family
members of the petitioner also reside. The petitioner has got no
Patna High Court CR. MISC. No.91165 of 2025(2) dt.19-01-2026
2/2
concern with the alleged recovery of liquor. The petitioner is in
custody since 18.11.2025 and has one criminal antecedent.
There is no compliance of Section 103 of the Bharatiya
Nagarika 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 as also 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 Sirdalla P.S. Case
No. 407 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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