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Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Sachin Kumar was arrested on 17-12-2025 after 50 litres of country-made liquor were recovered from a motorcycle, and he was charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passerby, not the owner of the vehicle, and that no incriminating material was found in his possession; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and his clean criminal record. The State opposed the bail application. The Court, after considering the facts, the period of custody, and the procedural lapse, decided to grant bail. The bail was conditioned on a bond of Rs. 15,000 and two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act given the circumstances of arrest.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illegal liquor
  • procedural compliance
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7726 of 2026
                     Arising Out of PS. Case No.-517 Year-2025 Thana- AKBARPUR District- Nawada
                 ======================================================
                 Sachin Kumar S/o Sunil Yadav @ Sunil Kumar R/o Village- Puraini, P.S.-
                 Thali, Dist.- Nawada
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pramod Kumar Verma, Advocate
                 For the Opposite Party/s :      Mr.Shailendra Kumar Singh, A.P.P.
                 ======================================================
                 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 connection with

                   Akbarpur P.S. Case No. 517 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 41(1) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 50 liters

                   of country made liquor was recovered from motorcycle.

                   Petitioner was arrested on the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner is
           Patna High Court CR. MISC. No.7726 of 2026(2) dt.10-02-2026
                                                       2/2




                     not the owner of the vehicle rather he was passersby of the way

                     and has become victim of circumstances. The petitioner is in

                     custody since 17.12.2025 and has got no criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     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 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/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Akbarpur P.S. Case

                     No. 517 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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