Patna High Court

Sushil KumarversusThe 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 sureties, as the prosecution failed to establish his constructive possession of the seized liquor.

Summary

The petitioner, Sushil Kumar, sought anticipatory bail after being implicated in a case involving the seizure of 3,948.48 litres of foreign liquor from a truck. The prosecution’s case was based on the statements of co-accused who named the petitioner, although the liquor and vehicle were not found in his constructive possession and the mobile number linked to the alleged transaction did not belong to him. The petitioner argued he had no involvement, no criminal antecedent, and that the allegations rested solely on co-accused testimony. The State opposed the bail, but the Court noted the lack of direct connection between the petitioner and the seized goods. Consequently, the Court granted anticipatory bail, subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the B.N.S.S., 2023.

Issues considered

Whether anticipatory bail can be granted when the petitioner is not in constructive possession of the seized liquor or vehicle and is implicated only by co-accused statements.

Legislation cited

B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
constructive possession
foreign liquor seizure
excise law
co-accused testimony
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11388 of 2026
                       Arising Out of PS. Case No.-23 Year-2026 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Sushil Kumar Son of Chandra Shekhar Singh R/o - Khaspur, P.S. - Didarganj,
                 Dist. - Patna, Bihar.                                   ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Rananjay Kumar
                 For the Opposite Party/s:       Mrs.Meena Singh
                 ======================================================
                 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 Agamkuan P.S. Case No.23 of 2026, F.I.R

                   dated 07.01.2026 registered for the offences punishable under

                   Sections 30(a), 32(3), 41 of the Bihar Prohibition and Excise

                   Amendment Act.

                                3. As per the prosecution case, a total of 3948.480

                   litres of foreign liquor is said to have been recovered from a

                   truck bearing Registration No. HP-20 E-7115. Four persons

                   were apprehended at the spot, and they disclosed the name of

                   the petitioner during interrogation. One motorcycle and other

                   articles were also recovered from the place of recovery.

                                4. Learned counsel for the petitioner submits that the

                   recovery has been made from a truck, and the mobile number

                   allegedly used in connection with the seized liquor does not

                   belong to the petitioner. It is further submitted that the name of

                   the petitioner has transpired solely on the basis of the statement
               Patna High Court CR. MISC. No.11388 of 2026(2) dt.17-02-2026
                                                           2/2




                         made by the co-accused who were apprehended at the spot. The

                         petitioner has no concern with the seized liquor or the vehicle in

                         question. Lastly, it is submitted that the petitioner has no

                         criminal 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, Patna City in connection with

                         Agamkuan P.S. Case No.23 of 2026 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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