Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner subject to a bond and sureties.
Summary
Arun Kumar was arrested at the scene where 285 litres of liquor were seized from two motorcycles, alleged to be the driver of one vehicle under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. He contended that he was merely a bystander, had no involvement with the motorcycles or the liquor, and possessed no prior criminal record. The State opposed his bail application, while the petitioner’s counsel argued false implication and lack of antecedents. After hearing both sides, the court considered the allegations, the petitioner’s custody since 26‑11‑2025, and his clean record, and ordered his release on regular bail. He was required to furnish a bail bond of Rs.10,000 with two sureties and a condition that bail could be cancelled if a criminal antecedent later emerges.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016 given the facts of the case.
- Whether the petitioner’s claim of being a bystander and having no criminal antecedent warrants bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- bail
- excise prohibition
- liquor seizure
- regular bail
- Bihar Prohibition and Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10129 of 2026
Arising Out of PS. Case No.-1443 Year-2025 Thana- Excise P.S. District- Sitamarhi
======================================================
Arun Kumar Son of Sanjeet Mahto @ Sanjit Mahto R/o Village
-Bhutahi(Ward no. 08), P.S.- Bhutahi, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Excise Prohibition
Sitamarhi P.S. Case no.1443 of 2025 registered under sections
30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, 285 litres of liquor
was recovered from two motorcycles in question and the
petitioner who is said to be the driver of one of the motorcycles
was arrested at the spot.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case due to oblique
reasons. He had no concern with the two motorcycles nor with
the liquor loaded therein and contrary to the allegation, he was
not driving any of the vehicles. He was a bystander. The
Patna High Court CR. MISC. No.10129 of 2026(2) dt.17-02-2026
2/2
petitioner has no criminal antecedent and is in custody since
26.11.2025. He undertakes to cooperate in the
investigation/trial.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR together with the petitioner having remained in custody
since 26.11.2025 and specially his not having any criminal
antecedent, the Court directs the petitioner to be enlarged on bail
in connection with Excise Prohibition Sitamarhi P.S. Case
no.1443 of 2025 on furnishing bail bond of Rs.10,000/ (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court No.2,
Sitamarhi on the following condition:
(i) In case it subsequently transpires that the petitioner
has a criminal antecedent, the prosecution will be at liberty to
move this Court for his cancellation of bail.
(Partha Sarthy, J)
Saurabh/-
U T
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