Patna High Court

Sanatan Kumar @ Sonu KumarversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Sanatan Kumar, was arrested in connection with an excise case alleging possession of 130 litres of liquor recovered from a motorcycle, invoking Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed false implication, noting no liquor was found in his personal possession and he had no link to the vehicle, though he had been in custody since 11‑11‑2025 and possessed four prior criminal records. The State opposed bail, while the petitioner highlighted non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The court, after considering the facts, the duration of custody, and the lack of direct evidence, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions regarding family surety, appearance at trial, and non‑tampering with evidence or witnesses.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail.
Whether the petitioner’s prior criminal antecedents and period of custody affect the bail decision.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise offence
liquor seizure
Section 30(a)
Section 103
criminal antecedents
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5871 of 2026
                      Arising Out of PS. Case No.-919 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Sanatan Kumar @ Sonu Kumar S/O Late Ambika Prasad R/O Village-
                 Salempur, P.S- Rajauli, Distt.- Nawada.

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shankar Kumar, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Excise

                   P.S. (Nawada) Case No. 919 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 130 litres

                   of liquor was recovered from motorcycle.

                               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

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.5871 of 2026(2) dt.31-01-2026
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          question or the alleged recovery of liquor. The petitioner is in

          custody since 11.11.2025 and has four 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 Excise P.S.

          (Nawada) Case No. 919 of 2025, 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

          bail bonds of the petitioner.

                       (III) If the petitioner tampers with the evidence or the
           Patna High Court CR. MISC. No.5871 of 2026(2) dt.31-01-2026
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                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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