Sujit Kumar Sah v. The State Of Bihar
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 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