Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sudhir Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 50 litres of liquor recovered from a motorcycle. He claimed innocence, stating he neither owned the motorcycle nor had any involvement with the liquor, and highlighted his clean criminal record and lack of incriminating material in his possession. The State opposed bail, but the court noted the petitioner’s clean antecedent, the short period of custody since 09-11-2025, and the absence of compliance with Section 103 of the BNSS, 2023. Considering these factors, the court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the lack of incriminating material and the petitioner’s clean antecedent justify bail
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- clean antecedent
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90979 of 2025
Arising Out of PS. Case No.-403 Year-2025 Thana- KHIJARSARAI District- Gaya
======================================================
Sudhir Kumar S/O Surendra Chaudhary R/O Village- Shanti Nagar, P.S.-
Khizarsarai, District - Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durgesh Nandan, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard Mr. Durgesh Nandan, learned counsel for the
petitioner and Mr. Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with
Khizarsarai PS Case No. 403 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 50 liters
liquor was recovered from motorcycle.
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. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that petitioner is not the owner of the motorcycle and he has no
Patna High Court CR. MISC. No.90979 of 2025(2) dt.12-01-2026
2/2
concern with the same. The petitioner is in custody since
09.11.2025 and has got no criminal antecedent/s. There is no
compliance of Section 103 of the BNSS, 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, clean antecedent of the petitioner 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 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 Khizarsarai PS Case
No. 403 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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