Sandip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43031 of 2026 Arising Out of PS. Case No.-95 Year-2026 Thana- BARHARA District- Bhojpur ====================================================== Sandip Kumar S/o Raj Narayan Rai, Resident of Village- Shaligram Singh Ke Tola, P.S.- Barahara, District- Bhojpur.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Makardhwaj Upadhyay, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Barahara P.S. Case No. 95 of 2026 dated 03.05.2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, Police received secret information about transportation of illicit liquor on motorcycle. On seeing the Police party one person tried to run away leaving behind motorcycle on which two bags were loaded. The said miscreant was arrested after a chase and he is the present petitioner. On search of the bags kept on the motorcycle, recovery of 120 litres of country made mahua liquor was made.

Patna High Court CR. MISC. No.43031 of 2026(2) dt.01-07-2026 2/3

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the seized motorcycle or with the allegedly recovered liquor. Petitioner is a young student preparing for competitive examinations having clean antecedent. Learned counsel lastly submits that petitioner is in custody since 04.05.2026.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of recovery and period of custody of the petitioner, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Bhojpur, Ara / concerned Court, in connection with Barahara P.S. Case No. 95 of 2026, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

Patna High Court CR. MISC. No.43031 of 2026(2) dt.01-07-2026 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T