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Patna High Court

Pritesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner.

Summary

The petitioner, Pritesh Kumar, was arrested after 79.8 liters of liquor were recovered from a motorcycle and charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not the owner of the motorcycle, no incriminating material linked him to the liquor, and his arrest was based merely on suspicion, also noting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. The Court examined the lack of direct evidence against the petitioner, his clean record, and the duration of his custody since 16‑10‑2025. Concluding that the circumstances did not justify continued detention, the Court granted bail on the condition of a Rs. 15,000 bond with two sureties.

Issues considered

  • Whether bail should be granted in a case of alleged possession of liquor under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.
  • Whether the arrest of the petitioner was justified in the absence of incriminating material and ownership of the vehicle.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandates denial of bail.

Legislation cited

Subjects

  • bail
  • possession of liquor
  • prohibition law
  • criminal procedure
  • arrest on suspicion
  • Section 103
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91602 of 2025
                  Arising Out of PS. Case No.-289 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Pritesh Kumar Son of Amir Khan Singh Resident of village- Chainpur Dhaka
                 Ps -Dhaka Distrct- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :     Mr. Arun Kumar, 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

                   Kundwachainpur P.S. Case No. 289 of 2025, instituted for the

                   offences punishable under Section 317(5) 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 79.8 liters

                   liquor was recovered from motorcycle 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.91602 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 petitioner is not the

                       owner of the motorcycle in question. It is further submitted that

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

                       The petitioner is in custody since 16.10.2025 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 Kundwachainpur

                       P.S. Case No. 289 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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