Patna High Court

Sudhir KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Sudhir Kumar, was arrested in connection with a case alleging possession of 369 litres of liquor recovered from two motorcycles, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no liquor was found in his personal possession, and that he had no connection with the vehicles involved. The State opposed bail, while the petitioner’s counsel highlighted the lack of incriminating evidence and the petitioner’s two prior criminal antecedents, noting also that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with. The court examined the facts, the duration of custody since 18 January 2026, and the statutory framework governing bail. Concluding that the circumstances did not warrant continued detention, the court granted bail subject to a bond of Rs. 15,000 with two sureties and specific conditions. The order directed the petitioner to appear at every trial date, with bail cancellation possible upon default on two consecutive appearances.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
false implication
criminal antecedents
Bharatiya Nagarika Suraksha Sanhita
Section 103
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12905 of 2026
                       Arising Out of PS. Case No.-11 Year-2026 Thana- PARIHAR District- Sitamarhi
                 ======================================================
                 Sudhir Kumar Son of Late Ramesh Sahni Resident of village - Sahargama
                 Gandhi Nagar Ward No.- 3, P.S.- Parihar, Dist.- Sitamarhi.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar, Advocate
                 For the Opposite Party/s :        Mr. Ramesh Chandra, 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 Parihar

                   P.S. Case No. 11 of 2026 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 369 litres

                   of liquor was recovered from two motorcycles.

                               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

                   question or the alleged recovery of liquor. The petitioner is in
           Patna High Court CR. MISC. No.12905 of 2026(2) dt.24-02-2026
                                                       2/2




                     custody since 18.01.2026 and has two criminal antecedents.

                     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 Parihar P.S. Case No.

                     11 of 2026, 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)
Alok Verma/-

U      T

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