Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner with specified monetary and surety conditions.
Summary
The petitioner, Vishal Kumar, was arrested in connection with the recovery of 139.5 liters of liquor from an open place, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He had previously sought anticipatory bail twice, both applications being withdrawn by the court. The petitioner argued that he had no possession of the liquor, was implicated solely on the basis of a local watchman's disclosure, and that no incriminating material was found on him; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail, citing the petitioner’s three prior criminal antecedents, albeit all on bail. Considering the facts, the period of custody already served, and the absence of direct evidence, the court inclined to grant bail subject to monetary and surety conditions and attendance requirements. The petitioner was released on bail of Rs. 15,000 with two sureties, with conditions regarding family surety and regular court appearances.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents
- Whether the lack of direct possession of liquor and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrant bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- anticipatory bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9512 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- BELSAND District- Sitamarhi
======================================================
Vishal Kumar son of Brijnandan Ray @ Vrij Nandan Ray Resident of Village
-Patahi PS -Belsand 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 : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Belsand P.S. Case No. 121 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. Earlier, the petitioner has prayed twice for
anticipatory bail and the same have been dismissed as
withdrawn by a co-ordinate Bench of this Court vide orders
dated 15.09.2025 and 21.11.2025 passed in Cr. Misc. Nos.
57680 of 2025 and 80038 of 2025 respectively.
4. The prosecution case, in short, is that 139.5 liters
liquor was recovered from open place in carton boxes.
Patna High Court CR. MISC. No.9512 of 2026(2) dt.12-02-2026
2/3
5. 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
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of disclosure made by local chaukidar. It is
further submitted that the alleged recovery has been made from
an open place and the same is easily accessible to the public at
large. The petitioner is in custody since 10.01.2026 and has got
three criminal antecedents in which he is on bail. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. 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.
8. 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
Patna High Court CR. MISC. No.9512 of 2026(2) dt.12-02-2026
3/3
below/concerned Court in connection with Belsand P.S. Case
No. 121 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)
Rajorshi/-
U T
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