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Patna High Court

Sachit Kumar Yadav @ Sachit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties and specified conditions.

Summary

Sachit Kumar Yadav was arrested on 21‑12‑2025 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 161.400 litres of country‑made liquor. The petitioner contended that the liquor was recovered from the roadside, not from his conscious possession, and that the seizure violated Section 103 of the BNSS, 2023. The prosecution argued that the petitioner was apprehended with the illicit liquor and highlighted a prior similar criminal antecedent, though he was on bail in another matter. The High Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedent. The order directed that bail should not be delayed for verification purposes.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the facts of the case.
  • Whether the alleged non‑compliance of Section 103 of the BNSS, 2023 warrants denial of bail.
  • Whether the petitioner’s prior criminal antecedent affects the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • liquor seizure
  • criminal antecedent
  • Section 30(a)
  • Section 103
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15183 of 2026
                   Arising Out of PS. Case No.-567 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Sachit Kumar Yadav @ Sachit Kumar S/o- Ramadhar Yadav R/v- Vindwaliya
                 Ps- Kuchaikote Dist- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepankar Raj, Advocate
                 For the Opposite Party/s :      Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   11-03-2026                     Heard Mr. Deepankar Raj, learned counsel for the

                   petitioner and Md. Iftekhar Mahmood, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   21.12.2025 in connection with Kuchaikote P.S. Case No. 567 of

                   2025, F.I.R. dated 20.12.2025 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

                               3. Recovery is of 161.400 liters of country made

                   liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.15183 of 2026(2) dt.11-03-2026
                                            2/3




          been made from the road side. He further submits that the

          petitioner was apprehended from the place of occurrence and on

          the basis of suspicion he has been made accused in the present

          occurrence. He further submits that altogether 161.400 liters of

          country made liquor has been recovered and there is non-

          compliance of Section 103 of the BNSS, 2023. The petitioner is

          in custody since 21.12.2025.

                      5     Learned      Additional        Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner was apprehended along with the

          illicit liquor and apart from aforesaid, petitioner carries one

          criminal antecedent of similar nature other than the present one

          but fairly submits that he is on bail in the pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned District

          and Additional Sessions Judge-IV-cum-Exclusive Special

          Excise Court-II, Gopalganj in connection with Kuchaikote P.S.

          Case No. 567 of 2025, subject to the following conditions:-

                          i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court
            Patna High Court CR. MISC. No.15183 of 2026(2) dt.11-03-2026
                                                        3/3




                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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