Patna High Court
Sachit Kumar Yadav @ Sachit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS, 2023 — s. 103
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
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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
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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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