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Patna High Court

Sumit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to bond and conditions, after considering the facts and the period of custody.

Summary

The petitioner, Sumit Kumar, sought bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 216 litres of liquor recovered from his car. The prosecution alleged the liquor was in his vehicle, while the petitioner claimed he was unaware of the contents and had no incriminating material in his conscious possession. He had been in custody since 21‑01‑2026, had no prior criminal record, and the State did not comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court, after considering the circumstances and the period of custody, decided to grant bail subject to a bond of Rs. 15,000 with two sureties and conditions regarding family surety and appearance in court. The bail was ordered to be released after framing of charge, if not already done.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • vehicle ownership
  • Section 30(a)
  • Section 103
  • criminal procedure
  • non‑violent offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16319 of 2026
                          Arising Out of PS. Case No.-15 Year-2026 Thana- Bahera District- Gaya
                 ======================================================
                 Sumit Kumar Son of Late Raghuvir Dangi Resident of village- Sndeshwari
                 Kala, Ps- Gidhaur, Dist- Chatra, Jharkhand
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sudhir Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Bahera

                   P.S. Case No. 15 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 216 liters

                   liquor was recovered from car.

                                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. Learned counsel

                   for the petitioner also submits that the petitioner is owner of the

                   car in question and has got no knowledge with regard to the

                   nature of goods loaded in the vehicle. The petitioner is in
             Patna High Court CR. MISC. No.16319 of 2026(2) dt.13-03-2026
                                                         2/2




                       custody since 21.01.2026 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 after framing

                       of charge, if not already framed, 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 Bahera P.S. Case No. 15 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

                       bail bonds of the petitioner.


                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-
U      T


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