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Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail may be granted despite the alleged offences and prior antecedents, subject to a bond, sureties, and a condition that the petitioner not commit similar offences in the future.

Summary

The petitioner, Sachin Kumar, applied for bail in a case registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act for alleged possession of 850 litres of illicit liquor recovered from five bikes. The petitioner claimed innocence, asserted that no liquor was recovered from his possession, and alleged that the police failed to comply with Section 105 of the BNSS during seizure. The State opposed bail, highlighting three prior similar offences against the petitioner. After hearing both sides, the court considered the procedural lapse, the nature of the offence, and the petitioner’s antecedents. The court granted bail on the condition that the petitioner not engage in similar offences, requiring a bail bond of Rs. 10,000 with two sureties of equal amount, to be satisfied before the Exclusive Special Court No. 5, Gaya.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
  • Whether non‑compliance with Section 105 of the BNSS during seizure warrants denial of bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition and excise
  • section 105 BNSS
  • criminal antecedent
  • judicial custody
  • seizure procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25808 of 2026
                       Arising Out of PS. Case No.-24 Year-2026 Thana- SINDHUGAR District- Gaya
                 ======================================================
                 Sachin Kumar S/o Mathur Yadav Resident of Village- Chondhi, P.S.-
                 Fatehpur, District- Gaya Jee

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brijmohan Das, Adv.
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sindhugadh P.S. Case No. 24 of 2026 registered for the

                   offence punishable under Sections 30(a) and 41 of the Bihar

                   Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that on five

                   bikes altogether, 850 liters of illicit country made liquor were

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the

                   possession of the petitioner. The witnesses of the seizure list are
           Patna High Court CR. MISC. No.25808 of 2026(2) dt.18-04-2026
                                                       2/2




                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. Moreover, the

                     petitioner is languishing in judicial custody since 20.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of three cases of similar nature.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail with the condition

                     that the petitioner shall not indulge himself in similar nature

                     of offences in future. The above named petitioner is directed to

                     be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.

                     ten thousand only) with two sureties of the like amount each to

                     the satisfaction of the learned Exclusive Special Court No. 5,

                     Gaya in connection with Sindhugadh P.S. Case No. 24 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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