Patna High Court
Sandip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 with two sureties and the conditions specified by the Court.
Summary
The petitioner, Sandip Kumar, was arrested after police recovered 120 litres of illicit mahua liquor from a motorcycle he was alleged to be riding. He claimed innocence, stating that the liquor and motorcycle were not in his conscious possession and that he is a student with a clean record. The State opposed bail, invoking the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The Court considered the nature of the recovery, the length of custody since 4 May 2026, and the petitioner’s personal circumstances. Applying the principles of bail under Section 480(3) of the B.N.S.S., the Court directed that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions. The order also required the petitioner to appear before the trial court as directed.
Issues considered
- Whether bail should be granted in a case of alleged transportation of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018
- Whether the petitioner’s lack of conscious possession and clean antecedents justify bail
- Application of Section 480(3) of the B.N.S.S. in granting bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- illicit liquor
- prohibition law
- excise
- Section 30
- Section 480
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43031 of 2026
Arising Out of PS. Case No.-95 Year-2026 Thana- BARHARA District- Bhojpur
======================================================
Sandip Kumar S/o Raj Narayan Rai, Resident of Village- Shaligram Singh Ke
Tola, P.S.- Barahara, District- Bhojpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Makardhwaj Upadhyay, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Barahara P.S. Case No. 95 of 2026 dated
03.05.2026, registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise (Amendment) Act,
2018.
3. As per the prosecution case, Police received
secret information about transportation of illicit liquor on
motorcycle. On seeing the Police party one person tried to run
away leaving behind motorcycle on which two bags were
loaded. The said miscreant was arrested after a chase and he is
the present petitioner. On search of the bags kept on the
motorcycle, recovery of 120 litres of country made mahua
liquor was made.
Patna High Court CR. MISC. No.43031 of 2026(2) dt.01-07-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. Nothing incriminating has
been recovered from the conscious possession of the petitioner.
The petitioner has no concern either with the seized motorcycle
or with the allegedly recovered liquor. Petitioner is a young
student preparing for competitive examinations having clean
antecedent. Learned counsel lastly submits that petitioner is in
custody since 04.05.2026.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and period of custody of the petitioner, the
petitioner, above-named, 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 learned Exclusive Special Excise Court-I,
Bhojpur, Ara / concerned Court, in connection with Barahara
P.S. Case No. 95 of 2026, subject to the condition laid down
under Section 480(3) of the B.N.S.S. and other following
conditions:
Patna High Court CR. MISC. No.43031 of 2026(2) dt.01-07-2026
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(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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