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Patna High Court

Sunil MusaharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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