Patna High Court

Sujeet KumarversusThe State of Bihar

Decided: 27 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Sujeet Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 555.660 liters of illicit liquor. He claimed innocence, stating he was merely the driver and had no knowledge of the contraband, and highlighted the absence of incriminating material in his possession and his clean criminal record. The prosecution opposed bail, while the petitioner’s counsel argued that the requirements of Section 103 of the BNSS, 2023, were not met. The court noted the petitioner’s clean antecedent, the duration of his custody, and the fact that a co-accused had already been granted bail. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties, imposing conditions regarding family surety and mandatory appearance in court.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
Whether the petitioner’s clean antecedent and lack of incriminating material satisfy the criteria for bail
Whether compliance with Section 103 of the BNSS, 2023, is required for bail in this context

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
excise
prohibition
illicit liquor
criminal procedure
Section 30(a)
Bihar Prohibition and Excise Act
clean antecedent
Section 103
BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14833 of 2026
                    Arising Out of PS. Case No.-21 Year-2026 Thana- EXCISE HILSA District- Nalanda
                 ======================================================
                 Sujeet Kumar S/o Budhan Ray Resident of village- Miyan Bairo, PS-
                 Bhagwanpur, District- Vaishali

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :       Mr. Nand Kumar, 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 Hilsa

                   Excise PS Case No. 21 of 2026 instituted for the offences under

                   Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 555.660 liters

                   liquor was recovered from two parcel van.

                           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. It is submitted

                   that name of the petitioner has surfaced in this case as being
Patna High Court CR. MISC. No.14833 of 2026(2) dt.27-02-2026
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          driver of the vehicle in question and he was oblivious of the fact

          that illicit liquor was laden in the vehicle. The petitioner is in

          custody since 27.01.2026 and has got no criminal antecedent/s.

          There is no compliance of Section 103 of the BNSS, 2023.

          Other co-accused has been granted bail by this Court vide order

          dated 24.02.2026, passed in Cr. Misc. No. 13266 of 2026.

                  5.      Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Hilsa Excise PS

          Case No. 21 of 2026, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.14833 of 2026(2) dt.27-02-2026
                                                       3/3




                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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