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Patna High Court

Lavkush KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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