Patna High Court
Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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