Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
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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