Patna High Court
Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sumit Kumar, was arrested on 18 November 2025 in connection with the alleged recovery of 60 litres of liquor from an auto‑rickshaw and 20 litres from a scooty, under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He contended that he had no prior criminal record, was unaware that the liquor was being carried, and that ownership of the scooty should not implicate him. The State opposed the bail application. The Court considered the petitioner’s clean antecedents, the circumstances of the seizure, and the principle that mere ownership of a vehicle does not automatically constitute participation in the offence. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs 5,000 with two sureties of equal amount. The bail order was directed to be complied with by the trial court handling the case (PS‑Buddha Colony Case No. 480/2025).
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, considering the facts of alleged liquor possession and ownership of the vehicle.
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- liquor seizure
- criminal procedure
- ownership of vehicle
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10601 of 2026
Arising Out of PS. Case No.-480 Year-2025 Thana- BUDDHACOLONY District- Patna
======================================================
Sumit Kumar S/o Manoj Ray R/o Chinna Kothi, Lodipur, Buddha Colony,
P.O.- G.P.O., P.S.- Buddha Colony, Patna, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 18.11.2025 and allegation is of recovery of 60 litres of
liquor from an auto and 20 litres of liquor from a scooty. It is
next submitted that petitioner came to be implicated based on
the fact that he is owner of the seized scooty. It is next submitted
that no prudent person would use his own vehicle for
committing an occurrence and thus would create evidence
against himself and hence would get implicated. It is also
Patna High Court CR. MISC. No.10601 of 2026(2) dt.16-04-2026
2/2
submitted that the petitioner was completely unaware that Lalu
was carrying liquor sitting behind his back.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Buddha
Colony P.S. Case No.480/2025.
(Satyavrat Verma, J)
amit/-
U T
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