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Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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//-

U          T


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