Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RITESH KUMAR
Holding
Bail is granted to the petitioners subject to bond, sureties and verification of criminal antecedent.
Summary
The petitioners, Sudhir Kumar (driver) and Manoj Kumar (co‑driver), were arrested after 235.140 litres of foreign liquor was seized from their bus. They were charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act and have been in judicial custody since 4 January 2026. The petitioners, who have no prior criminal record, applied for bail. The State opposed the bail. The Court considered the facts, the nature of the offence, and the petitioners’ clean antecedent, and ordered that bail be granted on a bond of Rs 10,000 each with two sureties, subject to verification of any concealed criminal antecedent and compliance with conditions under Section 437(3) of the CrPC and Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise (Amendment) Act for possession of foreign liquor
- Whether the petitioners’ lack of criminal antecedent warrants bail despite the seriousness of the offence
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 480(3)
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- excise
- prohibition
- foreign liquor
- criminal procedure
- verification of antecedent
- special judge excise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11594 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
1. Sudhir Kumar S/o- Late Baikunth Singh R/v- Ram Nagar Diyara, Ps-
Athmalgola Dist- Patna
2. Manoj Kumar S/o- Sudhir Ram R/v- Birjumilki Ps- Harnauth Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The petitioners are in custody in connection with
Special Case No. 13 of 2026 (arising out of Utpad
Thana/Madhya Nisedh P.S./Kishanganj Excise P.S. Case No. 12
of 2026) dated 03.01.2026, registered for an offence under
Sections 30(a) and 32(3) of the Bihar Prohibition and Excise
(Amendment) Act.
3. The learned counsel for the petitioners submits
that total 235.140 litres of foreign liquor/beer was recovered
from a bus bearing registration no. BR01PL9624. The learned
counsel for the petitioners further submits that the petitioner
no.1 is driver and petitioner no.2 is co-driver (khallasi) of the
bus in question and nothing has been recovered from the
Patna High Court CR. MISC. No.11594 of 2026(2) dt.17-02-2026
2/3
conscious possession of the petitioners. He further submits that
the petitioners were apprehended at the spot. He further submits
that the petitioners have got no criminal antecedent and they are
in judicial custody since 04.01.2026.
4. The learned A.P.P. for the State opposes the
prayer for bail of the petitioners.
5. Considering the aforesaid facts, let the, above
named, petitioners be released on bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Special Judge Excise-
II, Kishanganj in connection with Special Case No. 13 of 2026
(arising out of Utpad Thana/Madhya Nisedh P.S./Kishanganj
Excise P.S. Case No. 12 of 2026), subject to the condition as
laid down under Section 437(3) of the Code of Criminal
Procedure/480(3) of the Bharatiya Nagarik Suraksha Sanhita,
2023 with the conditions that:-
(i) one of the bailors shall be family member/close
relative of the petitioners;
(ii) the petitioners will cooperate in the trial.
The court below shall verify the criminal
antecedent of the petitioners and in case at any stage it is found
that the petitioners have concealed their criminal antecedent, the
Patna High Court CR. MISC. No.11594 of 2026(2) dt.17-02-2026
3/3
court below shall take steps for cancellation of bail bonds of the
petitioners. However, the acceptance of bail bonds in terms of
the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
Checking your session…