Patna High Court
Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sujit Kumar, was arrested in connection with the recovery of 1,170 litres of illicit liquor and charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since May 13, 2026 and claimed a clean antecedent, asserting that he was falsely implicated. The petitioner offered to donate Rs. 25,000 to a charitable organization as a condition for bail, while the State opposed the relief. The Court examined the facts, the duration of custody, and the submissions of both parties and decided to grant regular bail. Bail was conditioned on a Rs. 10,000 bond with two sureties, the donation of Rs. 25,000 to the Ramakrishna Mission, regular attendance at the police station, and verification of the petitioner’s antecedents.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged illicit liquor offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition law
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39803 of 2026
Arising Out of PS. Case No.-72 Year-2026 Thana- SAHIYARA District- Sitamarhi
======================================================
Sujit Kumar Son of Pravesh Mahto Resident of Village- Sheohar, P.S.-
Sheohar, District- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Sahiyara P.S. Case No. 72 of
2026, registered for offences punishable under Section 317(5) of
the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
1170 liters of illicit liquor. The petitioner is in custody since
13.05.2026 and claims clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
Patna High Court CR. MISC. No.39803 of 2026(2) dt.23-06-2026
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25,000/- (Rupees Twenty-Five Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Sahiyara P.S. Case
No. 72 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Sevashrama, Swami
Vivekananda Path, Bela, Muzaffarpur, Bihar, and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Sheohar Police Station on every 1st
and 3rd Sunday of each month. In the event of
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default, the bail bonds shall be liable to be
cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
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.
(Sandeep Kumar, J)
Shishir/-
U T
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