Patna High Court

Vivek KumarversusThe State of Bihar

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

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Vivek Kumar, was arrested on 26 October 2025 for alleged possession of 320.3 liters of liquor recovered from nine jute sacks, alleged offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the sacks did not belong to him, no incriminating material was found on his person, and that his arrest was based merely on suspicion without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita. The State opposed bail, arguing the seriousness of the offences. The Court examined the lack of direct evidence, the petitioner’s clean record, and the duration of his custody, and concluded that bail was appropriate. Accordingly, the Court ordered his release on bail with a bond of Rs.15,000 and two sureties of equal amount.

Issues considered

Whether bail should be granted in a case of alleged liquor possession under Sections 274, 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the arrest made solely on suspicion, without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, justifies denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275

Subjects

bail
liquor possession
suspicion
criminal procedure
Bharatiya Nyaya Sanhita
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91359 of 2025
                  Arising Out of PS. Case No.-123 Year-2025 Thana- PURUSHOTTAMPUR District- West
                                                       Champaran
                 ======================================================
                 Vivek Kumar S/o Brijesh Ram R/O- Village- Jabdaul Ojha Tola, P.S-
                 Kumarbagh, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mrs. Roona, Advocate
                 For the Opposite Party/s :     Mr. Uday Pratap 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

                   Purushottampur P.S. Case No. 123 of 2025, instituted for the

                   offences punishable under Sections 274, 275 of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that 320.3 liters

                   liquor was recovered from nine jute sacks and the petitioner 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
             Patna High Court CR. MISC. No.91359 of 2025(2) dt.19-01-2026
                                                         2/2




                       the conscious possession of the petitioner. The petitioner has got

                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submits that the alleged jute sacks does

                       not belong to the petitioner. It is further submitted that the

                       petitioner has been arrested only on the basis of suspicion. The

                       petitioner is in custody since 26.10.2025 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 Purushottampur P.S.

                       Case No. 123 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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