Patna High Court

Vishal KumarversusThe State of Bihar

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

Holding

The Court held that bail should be granted to the petitioners.

Summary

The petitioners, Vishal Kumar and Abhay Kumar, were arrested in connection with a case involving the recovery of 300 litres of country-made liquor from a vehicle, alleged to violate Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act. They claimed innocence, stating they had no knowledge of the liquor, that the driver was petitioner No.1 and petitioner No.2 was merely a passenger, and that no incriminating material was found in their possession. The petitioners also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and their clean criminal record despite being in custody since 31‑10‑2025. The State opposed bail. Considering the facts, the period of custody, and the absence of evidence linking the petitioners directly to the contraband, the Court granted bail, ordering each to furnish a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act for alleged possession of illicit liquor
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail
Whether the custody period and lack of prior criminal record justify bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
illicit liquor
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
Section 103
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.925 of 2026
                    Arising Out of PS. Case No.-1211 Year-2025 Thana- Excise P.S. District- Aurangabad
                 ======================================================
           1.     Vishal Kumar S/o Pradip Ram R/o Vill- Islamganj, ward no. 10, P.S.-
                  Hussainabad, Distt- Palamu (Jharkhand)
           2.    Abhay Kumar Ravi @ Abhay Kumar S/o Vinay Ram R/o Vill- Islamganj,
                 ward no. 10, P.S.- Hussainabad, Distt- Palamu (Jharkhand)

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Aman Vishal, Advocate
                 For the Opposite Party/s :        Mrs.Veena Kumari Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with

                   Aurangabad Excise P.S. Case No. 1211 of 2025, instituted for

                   the offences punishable under Sections 30(a), 32(3), 41(1) and

                   41(2) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 300

                   liters of country made liquor was recovered from car.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have
           Patna High Court CR. MISC. No.925 of 2026(2) dt.19-01-2026
                                                       2/2




                     got no concern with the alleged recovery of liquor. The

                     petitioner No.1 was driver and petitioner No.2 was found sitting

                     in the said vehicle and they have no knowledge about goods

                     loaded on the vehicle. The petitioners are in custody since

                     31.10.2025 and have 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 petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Aurangabad Excise

                     P.S. Case No. 1211 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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