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Patna High Court

Sujeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                       2/2




                     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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