Patna High CourtCR. MISC./12556/2026bail granted

Tirath Kumar v. The State Of Bihar

2026-02-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12556 of 2026 Arising Out of PS. Case No.-156 Year-2025 Thana- CHANAN District- Lakhisarai ====================================================== Tirath Kumar S/o Kameshwar Yadav @ Kamesar Yadav R/o Village - Batashpur, P.S - Bannubagicha, District - Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Prasad, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Chanan P.S. case No. 156 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and Section 303(2) of Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that 90 liters liquor was recovered from motorcycle and the petitioner was arrested 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

Patna High Court CR. MISC. No.12556 of 2026(2) dt.25-02-2026 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that recovery has been made from an open place accessible to public at large. The petitioner is in custody since 08.12.2025 and has got two criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted bail by this Bench vide order dated 27.01.2026 passed in Cr. Misc. No. 4597 of 2026.

5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chanan P.S. case No. 156 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T