Created by Fuzzy Cloud

Patna High Court

Sukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Sukesh Kumar, was arrested in connection with a case involving the alleged seizure of illegal liquor, pistols, and cartridges from a boat, and is charged under Sections 109(1), 132, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that no incriminating material was found on his person, that the allegations against him were vague, and that he has been in custody since 4 December 2025 despite other co‑accused already being granted bail. The State opposed the bail application, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, considering the period of custody, the petitioner’s claim of innocence, and the precedent of bail to co‑accused, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the petitioner’s mandatory appearance at every trial date.

Issues considered

  • Whether bail should be granted to the petitioner under the charges of the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
  • Whether the petitioner’s prior criminal antecedent and the fact that co‑accused have been granted bail affect the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • illegal liquor
  • arms seizure
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • Section 103
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10083 of 2026
                        Arising Out of PS. Case No.-446 Year-2025 Thana- MANJHI District- Saran
                 ======================================================
                 Sukesh Kumar S/O Late Jagdish Ray R/O Dahiyawa, Chapra Town, P.S.-
                 Manjhi, Dist.- Saran
                                                                     ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr. Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Manjhi

                   P.S. Case No. 446 of 2025, instituted for the offences punishable

                   under Sections 109(1), 132, 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that on secret

                   information, police chased a boat allegedly carrying illegal

                   liquor, where the co-accused allegedly fired at the police and

                   were apprehended and recovery of country-made pistols and

                   cartridges were made. It is further alleged that from the boat,

                   752.600 litres of liquor and other articles were allegedly

                   recovered and seized.
Patna High Court CR. MISC. No.10083 of 2026(3) dt.11-03-2026
                                            2/3




                       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 and arms.

          Learned counsel for the petitioner also submitted that no

          specific allegation has been attributed against the petitioner

          rather the same is general and omnibus in nature. The petitioner

          is in custody since 04.12.2025 and has got one criminal

          antecedent in which he is on bail. Learned counsel for the

          petitioner further submits that other co-accused have been

          granted regular bail by this Court vide order dated 20.02.2026

          passed in Cr. Misc. No. 12 of 2026. 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 after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
             Patna High Court CR. MISC. No.10083 of 2026(3) dt.11-03-2026
                                                         3/3




                       like amount each to the satisfaction of Court below/concerned

                       Court in connection with Manjhi P.S. Case No. 446 of 2025,

                       subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.