Patna High Court
Sampat Kumar @ Sampat Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bihar Narcotic Substances Act, 2023 — s. 103
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
2/3
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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