Patna High CourtCR. MISC./319/2026bail granted

Bipin Kumar v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.319 of 2026 Arising Out of PS. Case No.-439 Year-2025 Thana- EXCISE PUPRI District- Sitamarhi ====================================================== Bipin Kumar S/o- Binod Rai R/v- Trikoliya, Ward No. 12 PS- Bathnaha DisttSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dwij Raj, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Pupri Excise P.S. case No. 439 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 255.9 liters liquor was recovered from tampoo 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 has got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.319 of 2026(2) dt.19-01-2026 2/2 further submitted that the petitioner is neither the driver nor the owner of the vehicle in question. The petitioner has been implicated with ulterior motive by the police. The petitioner is in custody since 13.10.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

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, clean antecedent 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 Pupri Excise P.S. case No. 439 of 2025.

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