Patna High Court
Sunil MusaharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Sunil Musahar, was arrested on 9 January 2026 after police recovered five litres of country‑made liquor from a plastic bag in Murar, Buxar, and charged him under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of any incriminating material in his possession, no prior criminal record, and alleging that the police had falsely implicated him. The State opposed the bail application. The Court noted the absence of material linking the petitioner to the liquor, the prolonged custody without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the petitioner’s clean antecedents. Consequently, the Court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount. The order releases the petitioner on bail pending further trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and the period of custody.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- liquor seizure
- criminal procedure
- custody
- no prior record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14697 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- MURAR District- Buxar
======================================================
Sunil Musahar S/o Lakshman Musahar R/o Village- Amsari, P.S- Murar, Dist-
Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyapal Singh, Advocate
For the Opposite Party/s : Ms.Shaheen Begum, A.P.P.
======================================================
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 Murar
P.S. Case No. 03 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 05 liters
of country made liquor was recovered from plastic bag.
Petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Petitioner has
been implicated in this case by the Police for extraneous
Patna High Court CR. MISC. No.14697 of 2026(2) dt.27-02-2026
2/2
consideration. The petitioner is in custody since 09.01.2026 and
has got no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarik 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 and 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 Murar P.S. Case No.
03 of 2026.
(Rudra Prakash Mishra, J)
manish/-
U T
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