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Patna High Court

Sajan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner, subject to monetary bond and strict conditions.

Summary

The petitioner, Sajan Kumar, was arrested in connection with a case involving the illegal possession of 37.14 litres of liquor, a gas cylinder, regulator, 26 live cartridges and a country‑made pistol recovered from his house. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1‑B)(a) and 26 of the Arms Act. The petitioner claimed he was falsely implicated, that the seized items were in a joint family house, and that no incriminating material was found on his person; he also argued non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. The High Court, after considering the facts, the petitioner’s custody period and his antecedents, decided to grant bail subject to a bond of Rs.15,000 with two sureties and conditions of appearance, non‑tampering with evidence and non‑intimidation of witnesses.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bihar Prohibition and Excise Act and the Arms Act
  • Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail
  • Whether the petitioner poses a risk of tampering with evidence or influencing witnesses

Legislation cited

Subjects

  • bail
  • prohibition law
  • arms act
  • criminal procedure
  • Section 103
  • joint family house
  • evidence tampering
  • witness intimidation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82201 of 2025
                      Arising Out of PS. Case No.-90 Year-2025 Thana- BELDOUR District- Khagaria
                 ======================================================
                 Sajan Kumar S/O Suresh Singh R/O Village- Kurban, P.S.- Beldaur, Distt.-
                 Khagaria
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   13-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                                 2. The petitioner seeks bail in connection with

                   Beldaur P.S. Case No. 90 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act and under Section 25(1-B)(a) and 26 of the Arms

                   Act.

                                 3. The prosecution case, in short, is that total 37.14

                   liters liquor, gas cylinder, regulator, 26 live cartridges and two

                   country made pistol were recovered from the house of the

                   petitioner.

                                 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
Patna High Court CR. MISC. No.82201 of 2025(4) dt.13-03-2026
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          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner further submitted that the alleged recovery of

          liquor and country made pistol along with cartridges have been

          made from joint house of the petitioner, where other family

          members also reside. The name of the petitioner has been

          disclosed by the local Chowkidar. The petitioner is in custody

          since 04.09.2025 and has got three criminal antecedents. 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, after framing

          of charge, if not already framed, 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 Beldaur P.S. Case No. 90 of 2025,

          subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or
           Patna High Court CR. MISC. No.82201 of 2025(4) dt.13-03-2026
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                     close member.

                                   (II) The petitioner shall appear on each and every date

                     fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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