Patna High Court
Indrajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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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