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Patna High Court

Sampat Kumar @ Sampat Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to monetary and appearance conditions.

Summary

The petitioner, Sampat Kumar, a driver, was arrested on 19 September 2025 after 3,994.840 liters of liquor were seized from a tanker, and he was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, was not the owner, and that no incriminating material was found in his possession; he also highlighted his clean record and the lack of compliance with Section 103 of the Bihar Narcotic Substances Act, 2023. The State opposed bail, arguing the seriousness of the offences. The High Court, after considering the facts, the length of custody, and the petitioner’s lack of prior criminal history, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s appearance at every trial date, with the possibility of cancellation on two consecutive defaults.

Issues considered

  • Whether bail should be granted to the petitioner charged under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s claim of lack of knowledge and ownership of the seized liquor affects bail eligibility.
  • Whether non‑compliance with Section 103 of the Bihar Narcotic Substances Act, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • excise law
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • criminal procedure
  • Section 103 B.N.S.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84030 of 2025
                  Arising Out of PS. Case No.-174 Year-2025 Thana- EXCISE KATORIYA District- Banka
                 ======================================================
                 Sampat Kumar @ Sampat Kumar Mahto S/o Ganesh Kurmi Resident of
                 Village- Godhar Kurmidih, P.S.- Kenduadih, District- Dhanbad Jharkhand

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dipak Kumar, Advocate
                 For the Opposite Party/s :      Mr.Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   19-01-2026                        Heard learned counsel for the petitioner and

                   learned APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in Katoriya Excise P.S.

                   case No. 174/25 instituted for the offences under Sections

                   30(a) and 32(3) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 3994.840

                   liters liquor was recovered from a tanker and the petitioner

                   was arrested on 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.
Patna High Court CR. MISC. No.84030 of 2025(3) dt.19-01-2026
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          The petitioner has got no concern with the alleged recovery

          of liquor. It is further submitted that the petitioner is not the

          owner rather he is driver of the vehicle in question and he

          had no knowledge regarding nature of goods kept in the

          vehicle. The petitioner is in custody since 19.09.2025 and

          has got no criminal antecedent. There is no compliance of

          Section 103 of B.N.S.S., 2023.

                      5. Learned A.P.P. 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/- (Fifteen thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Katoriya Excise

          P.S. case No. 174/25, subject to the following conditions:

                       (I) One of the bailors shall be own/close member

          of the family of the petitioner.
           Patna High Court CR. MISC. No.84030 of 2025(3) dt.19-01-2026
                                                       3/3




                                  (II) The petitioner shall appear on each and every

                     date fixed at the trial. In case of default in such appearance

                     on two consecutive dates, the Trial Court will have liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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