Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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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