Patna High Court
Sochan SardarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to a cash bond of Rs.15,000 and specified conditions.
Summary
The petitioner, Sochan Sardar, a Nepalese national, was arrested in connection with a case alleging possession of 63 litres of liquor recovered from a motorcycle, charged under Sections 318(4) and 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating article was found in his personal possession, that he does not own the vehicle, and that he has no prior criminal record, also noting non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. After considering the facts, the duration of custody, and the lack of direct evidence against the petitioner, the Court decided to grant bail subject to a cash bond and several conditions, including appearance at trial, non‑tampering with evidence, and not leaving the jurisdiction without permission.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting bail to a person accused under Sections 318(4) and 303(2) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the petitioner’s claim of false implication and lack of possession of the alleged liquor bar the grant of bail?
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision?
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 318(4)
Subjects
- bail
- criminal procedure
- false implication
- liquor offences
- provisional detention
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14400 of 2026
Arising Out of PS. Case No.-209 Year-2025 Thana- SIKTI District- Araria
======================================================
Sochan Sardar S/o Sri Laxmi Sardar R/o Village - Ghana Patti, P.S - Rangeli,
District - Morang, Country - Nepal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Sikti
P.S. Case No. 209 of 2025 instituted for the offences punishable
under Sections 318(4), 303(2) of the Bharatiya Nyaya Sanhita,
2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 63 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 has no concern with the alleged recovery of
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liquor. Learned counsel further submitted that petitioner is not
the owner of the vehicle in question. The petitioner is in custody
since 02.12.2025 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 Sikti P.S. Case No.
209 of 2025, subject to the following conditions:
(I) One of the bailors shall be the deponent of the
present bail application, namely, Soni Devi, who is the sister-in-
law of the petitioner.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
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prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The petitioner shall not commit any offence of a
similar nature in future.
(V) The petitioner shall not leave the territorial
jurisdiction of the learned court below without prior permission
of the court concerned.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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