Patna High Court
Sajan Kumar @ Sajan Sahani @ Sajan ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to a bond of Rs. 15,000 and specified conditions.
Summary
The petitioner, Sajan Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 50 litres of illicit country-made liquor was recovered, 40 litres of which was found behind his house. The petitioner contended that he was falsely implicated, no liquor was recovered from his possession, and the recovery was from a public area, with locals merely naming him. He had been in custody since 14 November 2025 and possessed five prior criminal antecedents, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the lack of direct evidence and procedural lapses, decided to grant bail. The bail was set at Rs. 15,000 with two sureties and conditions requiring family surety and regular court appearances.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of recovery and custody.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the evidence of recovery of liquor from a public place, without any incriminating article found in the petitioner’s possession, justifies continued detention.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4153 of 2026
Arising Out of PS. Case No.-300 Year-2024 Thana- PIPRAKOTHI District- East Champaran
======================================================
Sajan Kumar @ Sajan Sahani @ Sajan Chaudhary S/o Dasai Sahani @ Dasai
Chaudhary R/o Village- Hathiyahi, P.S.- Piprakothi, District- East
Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Nityanand Tiwary, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Piprakothi P.S. Case No. 300 of 2024 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 50 litres
of illicit country-made liquor has been recovered out of which,
40 litres of illicit liquor was recovered in the straw behind the
petitioner’s house.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
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possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. Local
people disclosed the name of the petitioner. The petitioner has
got no concern with the alleged recovery of liquor. The
petitioner is in custody since 14.11.2025 and has five criminal
antecedents. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Piprakothi P.S. Case
No. 300 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
atul/-
U T
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