Patna High Court
Babi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner as there is no incriminating material against him and the procedural requirements under Section 103 were not complied with.
Summary
Babi Kumar was arrested in connection with the seizure of 333 litres of liquor from two motorcycles, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession, and that he had no link to the vehicles involved. He had been in custody since 22 November 2025 and possessed two prior criminal antecedents, while the prosecution failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. After considering the lack of direct evidence, the period of custody, and the procedural lapse, the court inclined to grant bail, imposing a bond of Rs. 15,000 with two sureties and specific conditions regarding appearance and surety composition.
Issues considered
- Whether the petitioner is entitled to bail despite prior criminal antecedents and the nature of the offence under the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition act
- excise
- false implication
- criminal procedure
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91791 of 2025
Arising Out of PS. Case No.-423 Year-2025 Thana- SURSAND District- Sitamarhi
======================================================
Babi Kumar Son of Shivji Paswan Resident of Village - Sursand, Ward No.
06, P.S. - Sursand District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Ms. Pronoti 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 Sursand
P.S. Case No. 423 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 333 litres
of liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicles in
question or the alleged recovery of liquor. The petitioner is in
Patna High Court CR. MISC. No.91791 of 2025(2) dt.19-01-2026
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custody since 22.11.2025 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 Sursand P.S. Case
No. 423 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
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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