Patna High Court
Praveen KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
In the absence of any incriminating material and given the prolonged detention based merely on suspicion, the court held that bail must be granted to the petitioners.
Summary
The petitioners, Praveen Kumar and Manish Kumar, were arrested on 09‑12‑2025 after 33.840 litres of liquor was recovered from a motorcycle, although they claim they were merely passers‑by and not owners of the vehicle. The prosecution alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, but no incriminating material was found in the petitioners’ conscious possession. The petitioners argued that their detention was based solely on suspicion and that there was non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court noted the lack of evidence, the prolonged custody, and the procedural lapse. Consequently, the Court granted bail, directing each petitioner to furnish a bond of Rs 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act in the absence of incriminating material.
- Whether the arrest and continued detention without concrete evidence violates the petitioners’ right to liberty.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 warrants bail.
Legislation cited
Subjects
- bail
- excise law
- Bihar Prohibition and Excise Act
- Section 103
- custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9650 of 2026
Arising Out of PS. Case No.-325 Year-2025 Thana- Excise P.S. District- Saran
======================================================
1. Praveen Kumar S/o Jaiprakash Rai R/o Village- Ramgadha, PS- Awatar,
Distt.- Chapra
2. Manish Kumar S/o Kundeo Rai R/o Village- Ramgadha, PS- Awatar, Distt.-
Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
Mr. S. Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with Sadar
Excise P.S. Case No. 325 of 2025, instituted for the offences
punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 33.840 liters
liquor was recovered from motorcycle and both the petitioners
were arrested on spot.
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.9650 of 2026(2) dt.12-02-2026
2/2
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submitted that the petitioners are
not the owner of the motorcycle in question rather they were
passerby of that way and were arrested only on the basis of
suspicion. The petitioners are in custody since 09.12.2025.
Petitioner no. 1 has got one criminal antecedent in which he is
on bail and petitioner no. 2 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 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 Sadar Excise P.S.
Case No. 325 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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