Patna High Court
Sujit Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Sujit Kumar Sah, was arrested as the driver of a vehicle from which 306.150 liters of liquor were seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he had no ownership of the vehicle, no knowledge of the cargo, and no incriminating material was found in his possession; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the petitioner’s custody period, lack of prior criminal record, and the arguments regarding ownership and knowledge, decided to grant bail. The bail was set at a cash bond of Rs. 15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.
Issues considered
- Whether bail should be granted to a driver accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of liquor.
- Whether the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with in the arrest and detention of the petitioner.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- driver liability
- Section 30(a)
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91694 of 2025
Arising Out of PS. Case No.-36 Year-2025 Thana- PATHAMARI District- Kishanganj
======================================================
Sujit Kumar Sah S/o- Bhola Prasad Sah R/v- Jokihat Darshana Tola ward no.
01 Ps- Jokihat District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, 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
Pathamari P.S. Case No. 36 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 306.150 liters
liquor was recovered from recovered from car 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.91694 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 vehicle rather he is driver of that vehicle and has
got no knowledge with regard to the nature of goods loaded in
the vehicle in question. The petitioner is in custody since
20.11.2025 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 Pathamari P.S. Case
No. 36 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…