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Patna High Court

Indrajeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

Indrajeet Kumar applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 855 litres of illicit liquor were seized from a Scorpio vehicle. The prosecution alleged his involvement, but no incriminating material was found on him and he was neither the driver nor the owner of the vehicle; the accusation rested on a confessional statement of a local watchman. The State opposed the bail. The Court examined the lack of direct evidence and the reliance on a confessional statement, and applied its powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. It granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to the conditions of the Special Excise Court. The order reflects the Court’s discretion to prevent unwarranted arrest where the material basis of the charge is weak.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case under Section 30(a) of the Bihar Prohibition and Excise Act, given the absence of incriminating material and reliance on a confessional statement.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • illicit liquor
  • confessional statement
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19336 of 2026
                      Arising Out of PS. Case No.-39 Year-2026 Thana- SONBERSA District- Sitamarhi
                 ======================================================
                 Indrajeet Kumar S/o Gopal Ray Resident of Village- Indrawa, P.S.- Sonbarsa,
                 Dist.- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dwij Raj, Advocate
                 For the Opposite Party/s :        Mr. Anand Kishore Choudhary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 855 litres illicit liquor was

                   recovered from the seized Scorpio vehicle bearing Reg. No.

                   BR1-AP-1516.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner is neither driver nor

                   owner of the vehicle in question and he has been made accused

                   merely on the confessional statement of local Chaukidar.

                                5. Learned A.P.P. for the State opposed the bail

                   application.
              Patna High Court CR. MISC. No.19336 of 2026(2) dt.07-04-2026
                                                          2/2




                                     6. Considering the aforesaid facts and circumstances

                        of the case, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Exclusive Special Excise

                        Court-I, Sitamarhi in connection with Sonbarsa P. S. Case No.

                        39 of 2026, subject to condition as laid down under Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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