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Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail on furnishing bail bonds of Rs.5,000 with two sureties of the same amount.

Summary

The petitioner, Sachin Kumar, was arrested in connection with the alleged recovery of 85 litres of liquor and 1000 litres of fermented Jawa Mahua solution and charged under Section 30 of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he has a clean antecedent, was not arrested at the spot, and that the alleged contraband was not in his conscious possession nor on his property. The State opposed the bail application. The court considered the petitioner's clean record, lack of direct possession, and the questionable basis of the FIR. It held that these factors warranted the grant of regular bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bail bond of Rs.5,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case under Section 30 of the Bihar Prohibition and Excise (Amendment) Act, 2022, given the circumstances of his arrest and the nature of the alleged offence.

Subjects

  • bail
  • prohibition law
  • liquor seizure
  • clean antecedent
  • possession
  • Section 30
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13083 of 2026
                       Arising Out of PS. Case No.-661 Year-2025 Thana- HISUWA District- Nawada
                 ======================================================
                 Sachin Kumar Son of Indradeo Chaudhary Resident of Village- Alambigha,
                 P.S.- Atri, District- Gaya
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bipin Kumar
                 For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30 of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 03.01.2026 and allegation is of recovery of 85 litres of

                   liquor along with 1000 litres of fermented Jawa Mahua solution

                   from a bush near bank of the river.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large. It is further submitted that
           Patna High Court CR. MISC. No.13083 of 2026(2) dt.10-04-2026
                                                       2/2




                     petitioner came to be implicated at the instance of the local

                     person but then the name of the person who disclosed the name

                     of the petitioner is not disclosed in the FIR which casts an

                     aspersion on the case of the prosecution, when petitioner has not

                     been implicated based on the secret information and is a person

                     with clean antecedent.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.5,000/- (Rupees Five Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with Hisua

                     P.S. Case No. 661 of 2025.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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