Patna High Court
Navin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Navin Kumar was arrested on 30 November 2025 after police recovered 200 litres of liquor from a motorcycle and charged him under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not the owner of the motorcycle, no incriminating material was found in his possession, and that his arrest was based merely on suspicion, also noting non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record and the period already spent in custody, the Court inclined to grant bail. The order directed release on furnishing a bail bond of Rs.15,000 with two sureties of equal amount. The bail was granted subject to compliance with the conditions set by the lower court.
Issues considered
- Whether bail should be granted to the accused in a case of alleged possession of liquor under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act when the prosecution’s evidence is limited to seizure from a vehicle not owned by the accused.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- suspicion
- ownership
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91709 of 2025
Arising Out of PS. Case No.-496 Year-2025 Thana- AKBARPUR District- Nawada
======================================================
Navin Kumar Son of Pappu Rajbanshi Resident of Village - Sachaul, Ps-
Hisua, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, 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
Akbarpur P.S. Case No. 496 of 2025, instituted for the offences
punishable under Sections 30(a) and 41(1) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 200 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
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.91709 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 30.11.2025 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 Akbarpur P.S. Case
No. 496 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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