Patna High Court
Sanjay PoddarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Petitioner Sanjay Poddar was arrested in connection with a case alleging possession of 72 litres of liquor, a country-made pistol and live cartridges, and charged under the Bharatiya Nyaya Sanhita, Bihar Prohibition and Excise Act and the Arms Act. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession, he has no prior criminal record, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita. The State opposed bail. Considering the circumstances, the court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties and imposing conditions regarding family surety, regular appearance, and non‑tampering with evidence or witnesses. The bail was ordered to be released after framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, Bihar Prohibition and Excise Act and the Arms Act
- Whether the lack of possession of the alleged incriminating articles and absence of prior criminal antecedent justify bail
- Whether compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita is a prerequisite for granting bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- criminal procedure
- liquor possession
- arms possession
- false implication
- Section 103
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.98 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- LAUKAHA District- Madhubani
======================================================
Sanjay Poddar S/o Shivshankar Poddar R/o- Vill.- Sonbarsa, P.S.- Laukahi,
District Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jaishankar Kumar Yadav, Advocate
For the Opposite Party/s : Mrs. Gulnar Begum, 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 Laukaha
P.S. Case No. 174 of 2025 instituted for the offences punishable
under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita,
2023 and 30(a) of the Bihar Prohibition and Excise Act and
25(1-b)a, 26, 35 of the Arms Act.
3. The prosecution case, in short, is that total 72 litres
of liquor was recovered from the motorcycle. It is further
alleged that one country-made pistol and two live cartridges
were also recovered.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.98 of 2026(2) dt.19-01-2026
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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
question or the alleged recovery of liquor and arms. The
petitioner is in custody since 28.10.2025 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, after framing
of charge, if not already framed, 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 Laukaha P.S. Case
No. 174 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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