Patna High Court
Sachin Kumar PalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted to the petitioner.
Summary
The petitioner, Sachin Kumar Pal, was arrested on 16 September 2025 after 120 litres of liquor were recovered from a motorcycle and was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He filed a bail application, claiming innocence, lack of ownership of the motorcycle, and that his arrest was based merely on suspicion with no incriminating material in his possession. The petitioner also highlighted the absence of any criminal antecedent and alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. Considering the facts, the court found the grounds for continued detention insufficient and ordered the release of the petitioner on bail with a bond of Rs. 15,000 and two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act given the circumstances of arrest.
- Whether the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- excise
- Bihar Prohibition and Excise Act
- Section 30
- Section 32
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- suspicion
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91566 of 2025
Arising Out of PS. Case No.-979 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Sachin Kumar Pal Son of Late Ashok Pal Resident of Village- Lotaniya
Pipradih PS -Hussainabad, Dist- Palamu Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar No.6, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 979 of 2025, instituted for the offences punishable
under Sections 30(a) and 32(3) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 120 liters
liquor was recovered from motorcycle 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. The petitioner has got
Patna High Court CR. MISC. No.91566 of 2025(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner is not the
owner of the motorcycle in question. It is further submitted that
the petitioner has been arrested only on the basis of suspicion.
The petitioner is in custody since 16.09.2025 and has got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
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 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
979 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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