Patna High Court

Sujit Kumar @ Sujeet KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner subject to conditions.

Summary

The petitioner, Sujit Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 433.8 litres of liquor. He claimed to be merely the driver of the vehicle and asserted that no incriminating material was found in his personal possession, contending his innocence. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the petitioner’s clean criminal record. After considering the facts, the court decided to grant bail, subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding appearance in court. The bail order was made pending 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.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
criminal procedure
driver
possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2123 of 2026
                   Arising Out of PS. Case No.-438 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Sujit Kumar @ Sujeet Kumar Son of Satrudhan Ram Resident of Village -
                 Balua Chowk Motihari, P.S.- Town Thana, Motihari
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sushil Kumar, Advocate
                 For the Opposite Party/s :      Mr.Sanjay Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Kochaikot P.S. Case No. 438 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 433.8

                   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

                   further submitted that the petitioner is driver of the vehicle and

                   he has no knowledge regarding the goods loaded in the vehicle.

                   The petitioner is in custody since 27.09.2025 and has got no
           Patna High Court CR. MISC. No.2123 of 2026(2) dt.19-01-2026
                                                       2/2




                     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 Kochaikot P.S. Case No. 438 of 2025,

                     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)
manish/-
U      T

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