Patna High Court
Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The anticipatory bail application was denied.
Summary
The petitioner, Sumit Kumar, applied for anticipatory bail after police recovered 55.730 liters of illicit liquor from his residence, alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found in his conscious possession, he had a clean antecedent, and the accusation was based merely on suspicion. The State opposed the bail, emphasizing the recovery of liquor from the petitioner’s house and relying on a Full Bench decision in Ram Vinay Yadav v. State of Bihar. The court examined whether the circumstances justified granting anticipatory bail under the Criminal Procedure Code. Concluding that the facts indicated sufficient grounds to deny bail, the court rejected the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Criminal Procedure Code given the recovery of illicit liquor from his premises.
- Whether mere suspicion and the presence of contraband at the petitioner’s residence suffice to deny anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- criminal procedure
- suspicion
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19629 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- BUDDHACOLONY District- Patna
======================================================
Sumit Kumar Son of Sanjay Dhangar @ Sanjay Bid Resident of Harijan
Colony, China Kothi, P.S.- Buddha Colony, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamla Kant Pandey, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, 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 Buddha Colony P. S.
Case No. 51 of 2026 registered for the offence punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 55.730 liters illicit
liquor was recovered from the house of petitioner.
4. Learned counsel appearing for the petitioner
submits that no incriminating material has been recovered from
conscious possession of the petitioner and he is no way
connected with the aforesaid recovery. Petitioner has been made
accused only on suspicion. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State submits that 55.730
liters illicit liquor was recovered from the house of the petitioner
and he is not entitled to the privilege of anticipatory bail in view
Patna High Court CR. MISC. No.19629 of 2026(2) dt.07-04-2026
2/2
of Full Bench decision of this Court rendered in the case of
Ram Vinay Yadav vs. The State of Bihar reported in 2019(2)
P.L.J.R. 1089 (F.B.).
6. Considering the aforesaid facts, anticipatory bail
application of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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