Patna High Court

Sajan Kumar @ Sajan SahniversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner subject to a bond of Rs. 15,000, two sureties and conditions of appearance.

Summary

The petitioner, Sajan Kumar, sought bail in a case (Kanhauli PS Case No. 127 of 2025) for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, where 441 litres of liquor were recovered from vehicles. The petitioner claimed false implication, no possession of the liquor, and lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, while the State opposed bail. The court noted the petitioner’s custody since 7 October 2025, his two prior criminal antecedents, and that a co‑accused had previously been granted bail. Considering these factors, the court decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and appearance. The bail order was issued by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the petitioner under the circumstances of the case
Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with
Whether the petitioner’s prior criminal antecedents preclude bail

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
criminal procedure
prohibition act
excise
Section 30(a)
Section 103
Bihar
custody
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8838 of 2026
                     Arising Out of PS. Case No.-127 Year-2025 Thana- KANHAULI District- Sitamarhi
                 ======================================================
                 Sajan Kumar @ Sajan Sahni Son of Rama Sahni @ Rama Sahani R/O-
                 Shahpur Sheetalpatti, Ward No. 3, P.S.- Sahiyara, Dist- Sitamadhi


                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Kanhauli

                   P.S. Case No. 127 of 2025 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that total 441 litres of

                   liquor was recovered from motorcycle and three cycles.

                           4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. The name of the petitioner

                   transpired in this case on the basis of secret information.
Patna High Court CR. MISC. No.8838 of 2026(2) dt.04-02-2026
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          Learned counsel further submitted that petitioner is in no

          manner connected with the vehicles in question or the alleged

          recovery of liquor. The petitioner is in custody since 07.10.2025

          and has two criminal antecedents. There is no compliance of

          Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

          Other co-accused has been granted bail by this Court vide order

          dated 24.11.2025, passed in Cr. Misc. No. 79245 of 2025.

                 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 as also 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 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 Kanhauli P.S. Case

          No. 127 of 2025, subject to the following conditions:

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

          family of the petitioner.

                 (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
           Patna High Court CR. MISC. No.8838 of 2026(2) dt.04-02-2026
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                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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