Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, Sachin Kumar and Deepak Kumar, were arrested in connection with a case alleging possession of 132 litres of illicit country-made liquor recovered from a motorcycle, under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, had no incriminating article in their possession, were not connected to the vehicle, and had no prior criminal record. Their counsel also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence, the petitioners' clean record, and the procedural lapse, the Court granted bail, directing each petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the lack of incriminating material in the petitioners' possession warrants bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- false implication
- Section 103
- criminal procedure
- India
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4173 of 2026
Arising Out of PS. Case No.-769 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
1. Sachin Kumar Son of Guru Dayal Sahani @ Guru Dyal Sahani Resident of
Village - Gola Ghar, Ps- Vaishali, Dist- Vaishali
2. Deepak Kumar son of Late Sipahi Sahani Resident of Village - Damobriti,
Ps- Harsidhi, Dist- East champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Anshul Aaryan, Advocate
Mr.Anuj Kumar, Advocate
For the Opposite Party : Mr.Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seeks bail in connection with
Harsidhi P.S. Case No. 769 of 2025 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 132 litres
of illicit country-made liquor was recovered from motorcycle.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.4173 of 2026(2) dt.27-01-2026
2/2
that petitioners are in no manner connected with the vehicle in
question or with the alleged recovery of liquor. The petitioners
are in custody since 23.11.2025 and has no criminal antecedent.
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 petitioners.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Harsidhi P.S.
Case No. 769 of 2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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