Patna High Court

Sunil Kumar PandeyversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Sunil Kumar Pandey, sought anticipatory bail fearing arrest in connection with an FIR (Majhaulia PS Case No.929 of 2025) alleging offences under several sections of the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act. The prosecution’s case was based on the recovery of 20 litres of illicit liquor and three vehicles from a hut belonging to co‑accused Brijesh Kumar Mukhiya, who was arrested on the spot. The petitioner contended that he had no connection with the seized liquor or vehicles, no overt act linking him to the alleged offences, and maintained a clean antecedent. The State opposed the bail application. Considering that the illicit liquor and vehicles were not found in the petitioner’s constructive possession, the Court inclined to grant anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bihar Narcotic Substances Act, 2023. The order directs that the bail be effective if the petitioner is arrested or surrenders within four weeks.

Issues considered

Whether anticipatory bail should be granted when the petitioner has no direct connection to the seized illicit liquor and vehicles.
Whether the prosecution has sufficient basis to justify arrest of the petitioner under the cited sections.
Applicability of Section 482(2) of the Bihar Narcotic Substances Act, 2023 in granting anticipatory bail.

Legislation cited

Bihar Narcotic Substances Act — s. 317(5), 318(4), 336(3), 338, 340(2), 3(5), 482(2)

Subjects

anticipatory bail
illicit liquor
excise law
constructive possession
clean antecedent
Section 482
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11350 of 2026
                 Arising Out of PS. Case No.-929 Year-2025 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Sunil Kumar Pandey Son of Chhote Pandey Resident of village - Ratanmala,
                 P.S.- Majhauliya, District - West Champaran
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sujeet Kumar
                 For the Opposite Party/s :      Mrs. Asha Devi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-02-2026                         Heard learned counsel for the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Majhaulia P.S. Case No.929 of 2025, F.I.R

                   dated 19.12.2025 registered for the offences punishable under

                   Sections 317(5), 336(3), 338, 340(2), 318(4) and 3(5) of the

                   B.N.S. and 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 20 litres of illicit liquor

                   and three vehicles were recovered from a hut situated beside the

                   house of the co-accused, Brijesh Kumar Mukhiya, who was

                   arrested on the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has no connection with the seized vehicles recovered

                   from the place of occurrence, nor with the seized liquor in

                   question. The alleged liquor is said to have been recovered from

                   beside the house of the apprehended co-accused, who has taken
               Patna High Court CR. MISC. No.11350 of 2026(2) dt.17-02-2026
                                                           2/2




                         the name of the petitioner. There is no specific overt act

                         attributed to the petitioner. Lastly, it is submitted that the

                         petitioner has a clean antecedent.

                                      5. Learned APP for the State opposes the prayer for

                         anticipatory bail application.

                                      6. Regard being had to the submission made by the

                         parties, taking into consideration the fact that illicit liquor has

                         not been recovered from the constructive possession and / or

                         vehicle belonging to the petitioner, accordingly, this Court is

                         inclined to grant anticipatory bail to the petitioner.

                                      7. Let the petitioner, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the

                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                         two sureties of the like amount each to the satisfaction of

                         learned Special Judge, Excise-II, Bettiah, West Champaran in

                         connection with Majhaulia P.S. Case No.929 of 2025 subject to

                         the condition as laid down under Section 482(2) of the B.N.S.S.,

                         2023.


                                                                 (Ajit Kumar, J)
shikha/-

U          T

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