Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 8772 (PAT)

Adarsh Kumar v. The State of Bihar

CR. MISC./12589/2026 · 2026-02-24

R P Mishra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12589 of 2026 Arising Out of PS. Case No.-304 Year-2025 Thana- GOPALPUR District- Gopalganj ====================================================== Adarsh Kumar S/O Nehru Prasad R/O Barnaiya Rajaram, P.S.- Gopalpur, Dist.- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prince Kumar Mishra, Advocate For the Opposite Party/s : Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 24-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Gopalpur P.S. Case No. 304 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 477.300 liters liquor was recovered from Scorpio car 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 Patna High Court CR. MISC. No.12589 of 2026(2) dt.24-02-2026 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submitted that the petitioner has been arrested only on the basis of suspicion as he was a passerby of that way. It is further submitted that the petitioner is neither owner nor driver of that vehicle in question. The petitioner is in custody since 19.11.2025 and 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 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 Gopalpur P.S. Case No. 304 of 2025. Rajorshi/- (Rudra Prakash Mishra, J) U T