Patna High Court

UMESH BINDversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Umesh Bind, was arrested after 7.92 litres of liquor were recovered from his joint family house in connection with an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of incriminating material in his personal possession, and that the recovery was from a shared residence. The State opposed the bail, while the petitioner’s counsel highlighted his three prior criminal antecedents, all on bail, and the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the facts, the period of custody, and the absence of direct evidence, the court inclined to grant bail. The court ordered release on bail with a bond of Rs. 15,000 and two sureties, imposing conditions regarding family surety and mandatory appearance in court.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91211 of 2025
                 Arising Out of PS. Case No.-849 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
                 UMESH BIND S/O ANGAD BIND R/o vill - Goraipur, P.S.- Bhabua, Distt.-
                 Kaimur at Bhabua


                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :      Mr. Akbar Ali, 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 Bhabua

                   P.S. Case No. 849 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 7.92 liters

                   liquor was recovered from the house of petitioner and he was

                   arrested on spot.

                                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
Patna High Court CR. MISC. No.91211 of 2025(2) dt.19-01-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the alleged recovery has been

          made from the joint house of the petitioner where other family

          members also reside. The petitioner is in custody since

          12.10.2025 and has got three criminal antecedents in which he is

          on bail. 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 Bhabua P.S. Case

          No. 849 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
             Patna High Court CR. MISC. No.91211 of 2025(2) dt.19-01-2026
                                                         3/3




                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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