Patna High Court
Sukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 132, 3(5)
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
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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
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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
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