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Patna High Court

Birendra Kumar @ GulliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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