Patna High Court
Sajan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 25(1-B)(a), 26
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
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
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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
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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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