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Patna High Court

Sakesh Sahiba @ Sakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted bail to the petitioner subject to a bond and sureties under Section 482(2) of the BNSS.

Summary

The petitioner, Sakesh Sahiba (also known as Sakesh Kumar), was arrested in connection with offences under Section 414 of the Indian Penal Code read with Section 30(a) of the Bihar Excise Act, alleging the recovery of 3049.98 litres of liquor from a third‑party's house and the seizure of a motorcycle. The petitioner argued that he was not caught in the act, had no conscious possession of the liquor, and that the vehicle was misused by a friend without his knowledge; he also highlighted his prior criminal cases but asserted he would not abscond if released. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedent record. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs. 5,000 with two sureties of equal amount, subject to the conditions of Section 482(2) of the BNSS. The order emphasized that the bail was granted to ensure the petitioner’s cooperation in the trial while safeguarding the trial court’s jurisdiction.

Issues considered

  • Whether bail should be granted to the petitioner under Section 414 IPC read with Section 30(a) Bihar Excise Act despite his prior criminal record.
  • Whether ownership of the seized vehicle implicates the petitioner in the alleged offences.
  • Whether the petitioner poses a risk of absconding or tampering with evidence.

Legislation cited

Subjects

  • bail
  • IPC Section 414
  • Bihar Excise Act
  • possession of illicit liquor
  • vehicle ownership
  • flight risk
  • Criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15062 of 2026
                    Arising Out of PS. Case No.-330 Year-2020 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
                 Sakesh Sahiba @ Sakesh Kumar S/o- Ratneshwar Prasad Singh R/v- Jagdish
                 Kamtaul Anant Ps- Kudhani Dist- Muzaffarpur
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjit Kumar Thakur, Advocate
                 For the Opposite Party/s :       Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 414 of the Indian Penal Code

                   read with Section 30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases out of which five cases are

                   under the Excise Act and allegation is of recovery of 3049.98 liters

                   of liquor from the house of Shyam Babu and a motorcycle was

                   seized.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was not apprehended from the spot as such nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a house which does not belong to the petitioner

                   and he has no concern or relation with Shyam Babu, but then he

                   came to be implicated based on the fact that he is owner of the
            Patna High Court CR. MISC. No.15062 of 2026(2) dt.16-04-2026
                                                        2/2




                      seized vehicle. It is next submitted that no prudent person would

                      use his own vehicle for committing an occurrence and thus would

                      create evidence against himself and hence would get implicated, it

                      is further submitted that petitioner was completely unaware that

                      his friend would misuse the vehicle in the manner as alleged who

                      also fled from the spot. It is next submitted that petitioner is in

                      custody since 12.12.2025. It is further submitted that if privilege of

                      bail is granted, the petitioner will not abscond rather will cooperate

                      in the trial to prove his innocence.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, is directed

                      to be released on bail on furnishing bail bonds of Rs. 5000/-

                      (Rupees Five Thousand) with two sureties of the like amount each

                      to the satisfaction of the learned Trial Court where the case is

                      pending/successor court in connection with Bhagwanpur P.S. Case

                      No. 330 of 2020 subject to the conditions as laid down under

                      Section 482 (2) of the BNSS.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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