Patna High Court
Sujit Kumar @ Sujit YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to bond and conditions.
Summary
Petitioner Sujit Kumar was arrested on 24 January 2026 in connection with a case involving the seizure of 240 litres of country-made liquor and 3000 litres of raw liquor, alleged to be offences under Sections 30(a) and 30(c) of the Bihar Prohibition & Excise Act (Amended) 2022. The petitioner contended that none of the liquor was recovered from his conscious possession and that he was falsely implicated, citing that co‑accused persons had been granted anticipatory bail. The State opposed bail, noting a similar pending case but acknowledging the petitioner was already on bail in that matter. The Court, after considering the lack of conscious possession and the precedent of anticipatory bail to co‑accused, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- What is the appropriateness of granting bail to a person accused under Sections 30(a) and 30(c) of the Bihar Prohibition & Excise Act when no liquor was found in his conscious possession?
- Does the grant of anticipatory bail to co‑accused influence the bail decision for the petitioner?
Subjects
- bail
- anticipatory bail
- prohibition and excise
- liquor seizure
- conscious possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18472 of 2026
Arising Out of PS. Case No.-425 Year-2025 Thana- OBRA District- Aurangabad
======================================================
Sujit Kumar @ Sujit Yadav S/O Kishan Yadav @ Kishan Yadva @ Krishna
Yadav Village- Mahadewa, P.S.- Obra, District- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Rupa Kumari, Advocate
For the State : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Ms. Rupa Kumari, learned counsel for the
petitioner and Mr. Md. Shakir Ahmad, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
24.01.2026, in connection with Obra P.S. Case No. 425 of 2025,
F.I.R. dated 28.12.2025 registered for the offences punishable
under Sections 30(a)/30(c) of the Bihar Prohibition & Excise
Act (Amended) 2022.
3. Recovery is of 240 litres of country made liquor as
well as 3000 litres of raw liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. She further submits that it appears from the F.I.R.
that nothing has been recovered from the conscious possession
Patna High Court CR. MISC. No.18472 of 2026(2) dt.24-03-2026
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of the petitioner and altogether 240 litres of country made
liquor as well as 300 litres of raw liquor were recovered near the
bank of the river and petitioner has been implicated in the
present case on the basis of secret information and petitioner has
been remanded in the present case from Obra P.S. Case No. 428
of 2025 on 24.01.2026. She further submits that other co-
accused persons namely Bhim Yadav and Santu Yadav have
been granted anticipatory bail by a Coordinate Bench of this
Court vide order dated 18.02.2026 passed in Cr. Misc. No. 8980
of 2026 and the petitioner is in custody since 24.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
of similar nature other than the present one but fairly submits on
the basis of paragraph-3 of the bail petition that the petitioner is
on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner, let the petitioner, above named, be
released 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 Special Judge, Excise-2nd, Aurangabad,
Patna High Court CR. MISC. No.18472 of 2026(2) dt.24-03-2026
3/3
in connection with Obra P.S. Case No. 425 of 2025, subject to
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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