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Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Sachin Kumar, was arrested in connection with alleged recovery of 30 litres of liquor from a bush behind his house and 25 litres from another location, offences punishable under Section 30(a) of the Bihar Excise Act. He has a clean antecedent and has been in custody since 25 May 2026. Counsel argued that the liquor was not recovered from his conscious possession and that the recovery sites did not belong to him, suggesting a weak investigation. The State opposed bail. Considering the petitioner’s clean record, the lack of direct possession, and the period of custody, the Court ordered his release on bail upon furnishing a bond of Rs. 5,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act given the circumstances of alleged recovery and lack of direct possession.

Legislation cited

Subjects

  • bail
  • excise law
  • liquor seizure
  • criminal procedure
  • Section 30 Bihar Excise Act
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38646 of 2026
                     Arising Out of PS. Case No.-640 Year-2023 Thana- MADHAURAH District- Saran
                 ======================================================
                 Sachin Kumar S/O Rajendra Mahto Resident of Village - Chakadara, P.S -
                 Marhowrah, District Saran At Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dewendra Narayan Singh
                 For the Opposite Party/s :      Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 25.05.2026 and allegation is of recovery of 30 liters of

                   liquor from a bush behind the house of petitioner and 25 liters of

                   liquor from Piyarpurwa Kumhar Tola.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner,
            Patna High Court CR. MISC. No.38646 of 2026(2) dt.01-07-2026
                                                        2/2




                      but then is adjacent to his house and he came to be implicated

                      based on secret information which is the easiest way to

                      implicate someone without holding a proper investigation, when

                      petitioner admittedly is a person with clean antecedent.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner and taking into consideration the

                      period of custody, the petitioner above-named, is directed to be

                      released on bail on furnishing bail bonds of Rs. 5000/- (Rupees

                      Five Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Trial Court where the case is

                      pending/successor court in connection with Marhowrah P.S.

                      Case No. 640 of 2023.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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