Patna High Court
Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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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