Patna High Court
Sitesh Kumar BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioners, subject to conditions.
Summary
The petitioners, Sitesh Kumar Bharti and Ajay Kumar, were arrested at Barauli police station after 82.26 litres of liquor were recovered from a Bolero car, and were charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners contended that they were neither the owners nor drivers of the vehicle, that no incriminating material was found on them, and that they had no prior criminal record. They further argued that the arrest was based solely on suspicion and that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, emphasizing the seriousness of the alleged offences. After considering the custody period, lack of direct evidence, and the petitioners' clean record, the Court granted bail subject to monetary sureties and conditions of appearance. The order also stipulated that failure to appear on two consecutive dates could lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused in a case of alleged liquor possession under Section 317(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the circumstances of arrest and lack of direct evidence justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
Subjects
- bail
- criminal procedure
- liquor possession
- Section 317
- Section 30
- Section 103
- presumption of innocence
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8155 of 2026
Arising Out of PS. Case No.-425 Year-2025 Thana- BARAULI District- Gopalganj
======================================================
1. Sitesh Kumar Bharti Son of Rajdev Prasad @ Rajdev Resident of village-
Amwa Sri Dubey, P.S.-Patherwa (Chouri Choura Khas), District-Kushinagar,
State-Uttar Pradesh.
2. Ajay @ Ajay Kumar son of Vinod Prasad @ Vinod Resident of Village-
Sohsa Mathiya Ps- Kasiya, Dist- Kushinagar, State- Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlesh Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with Barauli
P.S. Case No. 425 of 2025, instituted for the offences punishable
under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 82.26 liters
liquor was recovered from Bolero car and both the petitioners
were arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.8155 of 2026(2) dt.10-02-2026
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the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submitted that the petitioners
have been arrested only on the basis of suspicion. It is further
submitted that the petitioners are neither owner nor driver of the
car in question. The petitioners are in custody since 16.12.2025
and have 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Barauli P.S. Case
No. 425 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
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two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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