Patna High Court
Sahendra Kumar @ Sahendra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner.
Summary
The petitioner, Sahendra Kumar, was arrested in connection with a case alleging possession of 105 litres of liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, no liquor was found in his conscious possession, and he had no link to the vehicle from which the liquor was recovered. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and noted his custody since 08‑12‑2025 and a prior criminal antecedent. The State opposed bail, but the Court, after considering the facts, the duration of custody, and the absence of incriminating material, decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite a prior criminal antecedent.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- Bihar
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.127 of 2026
Arising Out of PS. Case No.-336 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
Sahendra Kumar @ Sahendra Kumar Yadav S/o Kesar Yadav @ Keshar
Yadav Resident of Village- Beli Binayka, P.S.- Imamganj, Distt.- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Imamganj P.S. Case No. 336 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 total 105 litres
of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.127 of 2026(2) dt.19-01-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 08.12.2025 and has one criminal antecedent.
There is no compliance of Section 103 of the Bharatiya
Nagarika 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 as also 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 Imamganj P.S. Case
No. 336 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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