Patna High Court

SACHIN KUMARversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions stipulated under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Sachin Kumar, sought anticipatory bail after learning of his impending arrest in Excise P.S. Case No. 207 of 2025, which alleged that 846 litres of liquor were recovered from eight plastic sacs in violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated based on secret information stemming from village politics and asserted that no prima facie case existed against him, invoking Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State, represented by the Additional Public Prosecutor, opposed the bail application. The Court examined the allegations, the petitioner’s claim of political victimisation, and the statutory provisions governing anticipatory bail. It concluded that bail could be granted provided the petitioner surrenders within six weeks, furnishes a bail bond of Rs.15,000 with two sureties of equal amount, and complies with the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s alleged political victimisation affects the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
Section 30
Section 103
Section 482
political victimisation
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14443 of 2026
                   Arising Out of PS. Case No.-207 Year-2025 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 SACHIN KUMAR S/o Upendra Rai Resident of village- Bakhari Khajuri, PS
                 - Dhaka, District- East Champaran
                                                                       ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Ujjwal Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr.Pradeep Narain Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Excise P.S. Case No. 207 of 2025,                        instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                           3.       The prosecution case, in short, is that total 846

                   litres of liquor was recovered from eight plastic sacs.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   secret information due to village politics. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner

                   has two criminal antecedents. There is no compliance of Section
           Patna High Court CR. MISC. No.14443 of 2026(2) dt.25-02-2026
                                                       2/2




                     103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned

                     counsel for the petitioner, therefore, contends that prima-facie

                     no case is made out against the petitioner.

                             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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Excise P.S. Case No.

                     207 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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