Patna High Court
Birendra Kumar @ GulliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner.
Summary
The petitioner, Birendra Kumar, was arrested on 2 November 2025 for alleged offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act after 200 litres of liquor were recovered from two motorcycles. The petitioner contended that he was not the owner of the motorcycles, no incriminating material was found in his possession, and his arrest was based merely on suspicion; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the nature of the offence and the petitioner’s prior criminal antecedent. The Court, after considering the circumstances, the length of custody, and the absence of direct evidence, decided to grant bail. The bail order required a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the Bihar Prohibition and Excise Act.
- Whether the arrest on the basis of suspicion and lack of incriminating material in the petitioner’s possession warrants bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
- Impact of the petitioner’s prior criminal antecedent on the grant of bail.
Legislation cited
Subjects
- bail
- excise
- prohibition
- suspicion
- Section 103
- prior antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91651 of 2025
Arising Out of PS. Case No.-164 Year-2025 Thana- EXCISE PAKRIBARAWAN District-
Nawada
======================================================
Birendra Kumar @ Gulli Son of Dashrath Yadav Resident of Village- Telatha
Dhamni, P.S.- Kawakol, 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. Meena 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
Pakribarawa Excise P.S. Case No. 164 of 2025, instituted for the
offences punishable under Sections 30(a) and 47 of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 200 liters
liquor was recovered from two motorcycles 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
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.91651 of 2025(2) dt.19-01-2026
2/2
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 02.11.2025 and has got one
criminal antecedent 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 Pakribarawa Excise
P.S. Case No. 164 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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