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Patna High Court

Arun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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