Patna High Court
Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner.
Summary
The petitioner, Sujeet Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 126 litres of liquor were recovered from a motorcycle. He claimed he was falsely implicated, had no incriminating article in his possession, was not connected to the vehicle, had no prior criminal record, and that the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 were not satisfied. The State opposed bail. The court examined the facts, the length of custody since 13‑01‑2026, and the lack of evidence linking the petitioner to the contraband. Finding no material reason to deny bail, the court ordered his release on bail with a bond of Rs. 15,000 and two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Bihar
- Section 30(a)
- Section 103
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13195 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- BELA District- Sitamarhi
======================================================
Sujeet Kumar S/o Ganesh Ray Resident of village- Sirsiya, PS- Bela, Distt-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, 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 Bela
P.S. Case No. 9 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 126 litres
of liquor was recovered from motorcycle.
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.13195 of 2026(2) dt.24-02-2026
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custody since 13.01.2026 and has no 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 Bela P.S. Case No. 9
of 2026.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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