Patna High Court

Sachin KumarversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was granted to the petitioner with specified conditions.

Summary

Sachin Kumar sought anticipatory bail fearing arrest in a case involving 378 litres of illicit liquor, alleged under Section 317(5) of the Bihar Narcotic Substances Act and Sections 30(a), 32, 41(1) of the Bihar Prohibition and Excise Act. He claimed innocence and offered to donate Rs.30,000 to charity without admitting guilt. The High Court, after hearing counsel, allowed the application, granting anticipatory bail subject to a Rs.10,000 bond with two sureties, a deposit of Rs.25,000 in the Ramakrishna Mission Ashram, and compliance with Section 438(2) CrPC and Section 482 of the BNSS. Additional conditions required the petitioner to appear at the police station every Sunday, with default leading to bail cancellation. The order was pronounced by Justice Sandeep Kumar.

Issues considered

Whether anticipatory bail should be granted to the petitioner in the illicit liquor case
Whether the conditions imposed, including monetary deposit and regular police appearances, are permissible under law

Legislation cited

Bihar Narcotic Substances Act — s. 317(5), 482
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
illicit liquor
Bihar Prohibition and Excise Act
Criminal Procedure Code
bail conditions
criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86691 of 2025
                  Arising Out of PS. Case No.-193 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Sachin Kumar Son of Upendra Ray Resident of Village - Bakhari Khajuri,
                 P.S. - Dhaka, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ujjwal Kumar Singh
                 For the Opposite Party/s :     Mr. Ram Anurag Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   09-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Kundwa Chainpur P.S. Case No. 193 of 2025

                   registered for the offence under Section 317(5) of the BNS and

                   under Sections 30(a), 32, 41(1) of the Bihar Prohibition and

                   Excise Act.

                                   3. As per the prosecution case, the recovery is of

                   378 liters of illicit liquor.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case.

                                     5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.86691 of 2025(4) dt.09-01-2026
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          the petitioner is ready to donate Rs. 30,000/- in some charitable

          organization without accepting his guilt.

                          6. Considering the aforesaid facts, this application

          is allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the concerned Court below within

          four weeks from today, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Judge, Excise Court No. 3, East Champaran,

          Motihari/concerned Court below in connection with Kundwa

          Chainpur P.S. Case No. 193 of 2025, subject to the conditions

          laid down in Section 438(2) of the Code of Criminal Procedure,

          1973 / Section 482 of the BNSS.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashram, Bela Muzaffarpur and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                          9. As a condition of this order, the petitioner, after

          being released on anticipatory bail, is directed to mark his
          Patna High Court CR. MISC. No.86691 of 2025(4) dt.09-01-2026
                                                      3/3




                    attendance at Dhaka Police Station on every Sunday of each

                    month. Any default in appearance at the police station will result

                    in cancellation of bail bonds of the petitioner.



                                                                (Sandeep Kumar, J)
Vikas/-

U

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