Patna High Court

Sujeet Kumar @ BittanversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

In the absence of concrete identification and with only vague allegations, the court held that anticipatory bail may be granted subject to conditions.

Summary

The petitioner applied for anticipatory bail in a case where two motorcycles were seized carrying 15.75 litres of foreign liquor, and a police informant alleged his involvement in illicit liquor trade. The prosecution relied on the informant’s statement, while the petitioner contended he was not identified at the scene and the allegations were vague. The court examined whether the allegations under Section 111(2) of the Bhartiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Amendment Act justified denial of bail. Finding the identification insufficient and suspecting possible police false implication, the court decided to grant anticipatory bail. Bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The order was pronounced by Justice Praveen Kumar.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 111(2) of the Bhartiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Amendment Act given the alleged involvement in illicit liquor trade

Legislation cited

Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
Bhartiya Nyaya Sanhita — s. 111(2)

Subjects

anticipatory bail
illicit liquor trade
section 111
section 30
section 482
bail conditions
police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23567 of 2026
                     Arising Out of PS. Case No.-109 Year-2026 Thana- KAUWAKOL District- Nawada
                 ======================================================
                 Sujeet Kumar @ Bittan S/o Krishn Saw @ Krishnballabh Saw @ Karu Saw
                 R/o Vill- Ranibazar, P.S.- Kawakol, Distt- Nawada
                                                                           ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Nandan Prasad
                 For the Opposite Party/s :      Mr.Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   22-04-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                   2. This application for anticipatory bail arises out

                   of Kawakol P.S. Case No. 109 of 2026 for the offence

                   punishable under Section 111(2) of the Bhartiya Nyaya Sanhita

                   and Section 30(a) of the Bihar Prohibition and Excise

                   Amendment Act.

                                   3. The case of the prosecution is that two

                   motorcycles were allegedly intercepted, the persons seated on

                   the said motorcycles threw away a sac and managed to flee

                   away from the place of occurrence. Allegedly, from the sac,

                   altogether 15.750 liters of foreign liquor was recovered. The

                   informant, a police officer, has alleged that during the course of

                   investigation he came to know that this petitioner along with co-

                   accused persons is engaged in illicit trade of liquor.
Patna High Court CR. MISC. No.23567 of 2026(2) dt.22-04-2026
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                          4. Learned counsel for the petitioner submits that

          the petitioner was not identified to be the persons present at the

          place of occurrence. No other person was arrested at the place of

          occurrence/seizure, moreover, a vague allegation has been

          levelled by the informant, without any firm basis, that the

          petitioner was involved in the illicit trade, which is not a

          sufficient ground for implicating the petitioner in the present

          case. The police in order to save themselves, falsely implicated

          the petitioner as he has been made accused in a couple of cases.

          It has also been submitted that the petitioner is on bail in other

          cases pending against him.

                          5. Learned counsel for the State opposed the prayer

          of anticipatory bail of the petitioner.

                       6. Heard the parties and perused the record.

          Considering the facts and circumstances, let the petitioner above

          named, in the event of his arrest/surrender within six weeks

          from today in the Court below, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Excise Court-2, Nawada, in connection with Kawakol

          P.S. Case No. 109 of 2026, subject to the conditions as laid

          down under Section 482(2) of the Bhartiya Nagrik Suraksha
          Patna High Court CR. MISC. No.23567 of 2026(2) dt.22-04-2026
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                    Sanhita.



                                               (Praveen Kumar, J)
Pawan/-

U     T

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