Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to bond and conditions, due to clean antecedent and procedural non‑compliance by the prosecution.
Summary
Sachin Kumar, a driver, was arrested on 8 April 2026 in connection with an excise case (Case No. 2454 of 2026) for alleged offences under Sections 30(a)/41 and 56(b) of the Bihar Prohibition & Excise Act, after 150 litres of country‑made Mahua liquor were seized from his tempo. The petitioner contended that he has a clean antecedent, was falsely implicated, and that the seizure was effected by official personnel without complying with Sections 103 and 105 of the BNSS, 2023. The State opposed the bail application. The Court, noting the petitioner’s clean record and the procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents but stipulated that acceptance of the bond should not be delayed.
Issues considered
- Whether bail should be granted to the petitioner given the alleged offences under the Bihar Prohibition & Excise Act.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants bail.
- Whether the petitioner’s clean antecedent and claim of false implication affect the bail decision.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a), 41, 56(b)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- Mahua liquor
- false implication
- clean antecedent
- procedural lapse
- Bihar Prohibition & Excise Act
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38112 of 2026
Arising Out of PS. Case No.-2454 Year-2026 Thana- Excise P.S. District- Patna
======================================================
Sachin Kumar Son of Ram Pravesh Ray R/O- Patthar Ghat, P.S.- Malsalami,
Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kr. Arya, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Mr. Mithilesh Kr. Arya, learned counsel for
the petitioner and Mr. Shailendra Kumar, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
08.04.2026, in connection with Excise P.S. Patna Case No. 2454
of 2026, F.I.R. dated 17.04.2026 registered for the offences
punishable under Sections 30(a)/41 and 56(b) of the Bihar
Prohibition & Excise Act.
3. Recovery is of 150.00 litres of country made
Mahua liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. as well as seizure list that altogether
Patna High Court CR. MISC. No.38112 of 2026(2) dt.17-06-2026
2/3
150.00 litres of country made Mahua liquor was recovered from
the Tempo in question and petitioner has been made accused
merely on the ground that he is the driver of the Tempo in
question. It appears from the seizure list that the seizure list
witnesses are official personnel so there is non-compliance of
Sections 103 and 105 of BNSS, 2023 and the petitioner is in
custody since 18.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
there is non-compliance of Sections 103 and 105 of the BNSS,
2023, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Court of Excise-III, Patna in
connection with Excise P.S. Patna Case No. 2454 of 2026,
subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.38112 of 2026(2) dt.17-06-2026
3/3
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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