Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Prince Kumar was arrested after 256.57 litres of liquor were recovered from his joint house and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that no liquor was found in his personal possession, that the recovery was from a house shared with other family members, and that his arrest was based merely on suspicion without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of incriminating material, the joint residence factor, the short period of custody since 28‑12‑2025, and the procedural lapse, the Court decided to grant bail. The bail order required a bond of Rs. 15,000 with two sureties of the same amount. The petitioner was released on bail pending trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the recovery of liquor is from a joint house and no material is found in the accused's personal possession.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- suspicion
- joint residence
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9686 of 2026
Arising Out of PS. Case No.-360 Year-2025 Thana- UJIYARPUR District- Samastipur
======================================================
Prince Kumar Son of Bhagwat Sah Resident of Village- Madhodih, P.S.-
Ujiarpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shanker Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, 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
Ujiyarpur P.S. Case No. 360 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 256.57 liters
liquor was recovered from the house of the petitioner and the
petitioner was apprehended on spot.
4. 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
Patna High Court CR. MISC. No.9686 of 2026(2) dt.12-02-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the alleged recovery has
been made from the joint house of the petitioner where other
family members also reside. It is further submitted that the
petitioner has been arrested only on the basis of suspicion. The
petitioner is in custody since 28.12.2025 and has got one
criminal antecedent in which he is on bail. 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 petitioner.
6. 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.
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 Ujiyarpur P.S. Case
No. 360 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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