Patna High Court
SIPAK KUMAR SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to monetary sureties and specified conditions.
Summary
Sipak Kumar Singh was arrested as the driver of a vehicle from which 495 litres of Nepali liquor was recovered, alleged to violate Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the liquor, no incriminating material was found on him, and he had no prior criminal record. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court considered the length of custody, the absence of direct evidence against the petitioner, and his clean antecedents, and decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and conditions regarding court appearances and non‑interference with witnesses.
Issues considered
- Whether bail can be granted to a person accused of offences under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
- Whether a driver with no knowledge of the contraband can be released on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- prohibition
- liquor smuggling
- driver liability
- criminal procedure
- section 103 compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10030 of 2026
Arising Out of PS. Case No.-71 Year-2025 Thana- Araria Sangram District- Madhubani
======================================================
Sipak Kumar Singh, S/o Shankar Prasad Singh @ Jaishankar Prasad Singh
R/O Vill.- Gariyari, P.S.- Bhawanipur, Dist.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jaishankar Kumar Yadav, Advocate
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Araria
Sangram P.S. Case No. 71 of 2025, instituted for the offences
punishable under Sections 274, 275 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and u/s 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 495
liters of Nepali liquor was recovered from car. Petitioner was
arrested on the 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
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no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner is driver of the vehicle and
he has no knowledge regarding the goods loaded in the vehicle.
The petitioner is in custody since 15.09.2025 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 Araria Sangram P.S.
Case No. 71 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
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prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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