Patna High Court
Sushil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding that the circumstances did not warrant continued detention.
Summary
The petitioner, Sushil Kumar, was arrested in connection with a case alleging offences under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, based on the recovery of 59.125 litres of liquor, cash and manufacturing materials. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that he had no prior criminal record. The State opposed bail, arguing the seriousness of the offences. The Court considered the petitioner’s clean antecedent, the lack of material directly linking him to the recovered items, and the fact that Section 103 of the B.N.S.S., 2023 had not been complied with. Accordingly, the Court granted bail on the condition of a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act when no incriminating material is found in his possession.
- Whether the non‑compliance of Section 103 of the B.N.S.S., 2023 affects the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 103
- clean antecedent
- criminal procedure
- suspicion
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5894 of 2026
Arising Out of PS. Case No.-317 Year-2025 Thana- NADI P.S. District- Patna
======================================================
Sushil Kumar Son of Surendra Kumar Resident of Vill.- Jethuli, P.S.- Nadi,
District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Rohit, Advocate
For the Opposite Party/s : Mrs.Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Nadi P.S. case No. 317
of 2025 instituted for the offences under Sections 30(a) and
30(d) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 59.125 liters
liquor, Rs. 2,09,580/- and other materials for manufacturing
liquor including bottles were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case merely on suspicion. No incriminating material has
been recovered from the conscious possession of the petitioner.
The petitioner has got no concern with the alleged recovery of
Patna High Court CR. MISC. No.5894 of 2026(2) dt.10-02-2026
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liquor. It is further submitted that the recovery of cash amount is
also disputed. The petitioner is in custody since 22.11.2025 and
has got no criminal antecedent. There is no compliance of
Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. 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, clean antecedent and 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nadi P.S. case No.
317 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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