Patna High Court
Binay Kumar @ Munilal @ Vinay KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Binay Kumar, was arrested after 112.13 litres of liquor were recovered from his residence and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, contending that he was innocent, that the liquor was found in a joint family house, and that no incriminating material was recovered from his personal possession. The petitioner also highlighted his lack of prior criminal record and the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the facts, the period of custody already served, and the absence of any material linking the petitioner directly to the offence, the Court decided to grant bail on the condition of a Rs. 15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the circumstances of the case
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91724 of 2025
Arising Out of PS. Case No.-1173 Year-2025 Thana- SONEPUR District- Saran
======================================================
Binay Kumar @ Munilal @ Vinay Kumar S/O Late Jainath Ray R/o Vill.-
Sahpurdiyara Pahleza, P.S.- Sonpur, Dist.- Saran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, 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 Sonpur
P.S. Case No. 1173 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 112.13 liters
liquor was recovered from the house of the petitioner and he
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.91724 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 alleged recovery has been
made from joint house of the petitioner where other family
members also reside. The petitioner is in custody since
08.12.2025 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 Sonpur P.S. Case
No. 1173 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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