Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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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