Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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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