Patna High Court
Pritesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
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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