Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner, subject to a bond of Rs. 10,000 and two sureties of equal amount.
Summary
The petitioner, Sandeep Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 120 litres of country-made liquor recovered from a scooty. He contended that he was falsely implicated, that no incriminating material was found in his personal possession, and that he had no prior criminal record, having been in custody since 21 February 2026. The prosecution opposed bail, arguing the seriousness of the offence. The Court, after considering the lack of direct evidence against the petitioner and his clean antecedent, decided to grant bail, requiring a bond of Rs. 10,000 with two sureties of the same amount. The order emphasized that the observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the nature of the offence and the period of custody.
- Whether the absence of incriminating material in the accused's possession and his clean antecedent justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- possession of illicit liquor
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29986 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- GANGABRIDGE District- Vaishali
======================================================
Sandeep Kumar S/o Gorakh Paswan Resident of village - Jadhua Barai Tola,
P.S - Industrial Area, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Ganga
Bridge P.S. Case No. 41 of 2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case is that 120 liters of country
made liquor was recovered from a scooty bearing Registeration
No. BR04Z2612.
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. The petitioner is
Patna High Court CR. MISC. No.29986 of 2026(2) dt.06-05-2026
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in custody since 21.02.2026 and has got no criminal antecedent.
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 on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court No.-1-cum- District &
Additional Sessions Judge, Vaishalil at Hajipur in Ganga
Bridge/concerned Court in connection with Ganga Bridge P.S.
Case No. 41 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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