Patna High Court

Akash KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

Akash Kumar was arrested in connection with an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act after two litres of liquor were recovered from a plastic box in a public place. The petitioner contended that he was falsely implicated, no liquor was found in his possession, and that the recovery was from an open area accessible to the public. He had been in custody since 8 November 2025 and possessed two prior criminal antecedents, and argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed the bail application. Considering the circumstances, the court inclined to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and appearance in court.

Issues considered

Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of recovery from a public place, prior antecedents, and alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise offence
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
criminal antecedents
public place recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91786 of 2025
                     Arising Out of PS. Case No.-731 Year-2025 Thana- Excise P.S. District- Lakhisarai
                 ======================================================
                 Akash Kumar S/o Late Prakash Choudhary Resident of Mohalla- Sahmalpur,
                 P.S.- Kajra, Distt- Lakhisarai.



                                                                                       ... ... Petitioner/s
                                                         Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================


                 Appearance :
                 For the Petitioner/s     :         Ms. Jyoti Ranjan Jha, Advocate
                 For the Opposite Party/s :         Mrs. Renu Kumari, APP
                 ======================================================


                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                    ORAL ORDER

2   19-01-2026                  Heard Ms. Jyoti Ranjan Jha, learned counsel for the

                   petitioner and Mrs. Renu Kumari, learned APP for the State.

                               2. The petitioner seeks bail in connection with Excise

                   Thana P.S. Case No. 731 C2 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 total two litres

                   of liquor has been recovered from plastic box.

                               4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.91786 of 2025(2) dt.19-01-2026
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          petitioner has falsely been implicated in the present case. No

          incriminating article has been recovered from the conscious

          possession of the petitioner rather the recovery has been made

          from an open place which is accessible to public at large. The

          petitioner has got no concern with the alleged recovery of

          liquor. The petitioner is in custody since 08.11.2025 and has two

          criminal antecedents. There is no compliance of Section 103 of

          the Bharatiya Nagarika 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 as also 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 Excise Thana P.S.

          Case No. 731 C2 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.91786 of 2025(2) dt.19-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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