Patna High Court

Arun Kumar @ MasterversusThe State of Bihar

Decided: 18 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Arun Kumar, filed an anticipatory bail application fearing arrest in a case (Sahebganj P.S. Case No. 457 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 255.620 litres of illicit liquor recovered from a vehicle. The prosecution’s case rests mainly on the confessional statement of co‑accused Nand Kishore Sah, while the petitioner claims he had no ownership, possession, or criminal antecedent and was implicated only through that statement. The State opposed the bail, arguing the seriousness of the offence. The High Court, after hearing both sides, granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order also referenced a similar bail grant to a co‑accused in Cr. Misc. No. 75974 of 2025.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the confessional statement of a co‑accused alone suffices to justify denial of bail.
Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are applicable.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
illicit liquor
confessional statement
Section 30(a)
Section 482(2)
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16296 of 2026
                   Arising Out of PS. Case No.-457 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Arun Kumar @ Master, S/O Rajendra Ray, R/O Village- Madhopur Hajari,
                 P.S- Sahebganj, Distt.- Muzaffarpur.
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nachiketa Jha, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2.The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection with

                   Sahebganj P.S. Case No. 457 of 2025 instituted for the offence

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that

                   altogether 255.620 liters of illicit liquor was recovered from Tata

                   Magic.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has falsely been implicated in this case. He has got

                   not criminal antecedent. He was not arrested from the spot as such

                   nothing was recovered from his conscious possession. He is

                   neither the owner nor the driver of the seized vehicle. His name
             Patna High Court CR. MISC. No.16296 of 2026(2) dt.18-03-2026
                                                         2/2




                       has surfaced in this case only on the basis of confessional

                       statement of co-accused Nand Kishore Sah. It has further been

                       submitted that save and except the confessional statement, there is

                       nothing against him. It has also been submitted that similarly

                       situated co-accused Manoj Sah has been granted anticipatory bail

                       by leaned Co-ordinate Bench of this Court vide Cr. Misc. No.

                       75974 of 2025.

                                    5.Learned APP appearing for the State has vehemently

                       opposed the prayer of bail of the petitioner.

                                    6. Having heard learned counsel for the parties and in

                       the facts and circumstances of the case as stated above, this Court

                       is inclined to enlarge the petitioner on bail. The petitioner is

                       directed to surrender in the Court below within a period of four

                       weeks from today and in the event of his arrest or surrender in

                       connection with Sahebganj P.S. Case No. 457 of 2025, he will be

                       enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                       ten thousand) with two sureties of the like amount each to the

                       satisfaction of learned Exclusive Special Judge, Excise Court No.-

                       II, Muzaffarpur, subject to the conditions as laid down under

                       section 482 (2) of the B.N.S.S.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T

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