Created by Fuzzy Cloud

Patna High Court

Sujit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner.

Summary

The petitioner, Sujit Kumar, was arrested in connection with a case alleging possession of 17.280 litres of liquor recovered from a motorcycle, invoking Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, had no incriminating article in his conscious possession, no link to the vehicle, no prior criminal record, and that the required compliance under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 was lacking. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record, and the period of custody already served, the Court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner has been falsely implicated and lacks direct evidence linking him to the recovered liquor.
  • Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • false implication
  • Section 103
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92028 of 2025
                        Arising Out of PS. Case No.-303 Year-2025 Thana- Excise P.S. District- Saran
                 ======================================================
                 Sujit Kumar Son of Antu Rai @ Kantu Rai R/o village - Hakma, P.S.- Bheldi,
                 Dist.- Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Vishesh Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Md. Iftekhar Mahmood, 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 Sadar

                   Excise P.S. Case No. 303 of 2025 instituted for the offences

                   punishable under Sections 30(a), 32(3) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 17.280

                   litres of liquor was recovered from motorcycle.

                               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. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in
           Patna High Court CR. MISC. No.92028 of 2025(2) dt.19-01-2026
                                                       2/2




                     question or the alleged recovery of liquor. The petitioner is in

                     custody since 19.11.2025 and has no criminal antecedent. There

                     is no compliance of Section 103 of the Bharatiya Nagarika

                     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 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 Sadar Excise P.S.

                     Case No. 303 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.