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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Sunil Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged illicit liquor manufacture. He claimed innocence, asserting that the allegation was based solely on a spy’s disclosure and that he had no connection to the house from which 11.1 litres of liquor were seized. The search and seizure memo was challenged for lacking the family’s signature and for being signed only by police witnesses, raising doubts about its validity. The State opposed the bail, but the court noted the procedural irregularities and the meagre quantity of liquor recovered. Consequently, the court granted anticipatory bail with a Rs.10,000 bond, two sureties, and conditions of cooperation and verification of any concealed criminal antecedent.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged irregularities in the search and seizure.
  • Whether the seizure of liquor was valid given the lack of family signatures and reliance on police witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • search and seizure
  • illegal liquor
  • Bihar Prohibition Act
  • Section 438 CrPC
  • Section 482 B.N.S.
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23605 of 2026
                      Arising Out of PS. Case No.-148 Year-2026 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Sunil Kumar S/O Binod Mahto Resident of Village- Chhoti Pahari, P.S.
                 -Agamkuan, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ranjit Prasad
                 For the Opposite Party/s :      Mr.Tapeshwar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   16-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise                (Amendment) Act, 2022 in

                   connection with Agamkuan P.S.Case No.148 of 2026.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case and his name has come to the fore on the basis of

                   disclosure made by an spy. He has no link to the alleged house

                   from where the alleged wine has been recovered.

                                4. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.

                                5. As per the search and seizure memo, recovery of
Patna High Court CR. MISC. No.23605 of 2026(2) dt.16-04-2026
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          the liquor is said to have been made from the house of the

          petitioner which does not bear the signature of any member of

          the family of the petitioner. Neither the search and seizure

          memo bears the signature of two independent witnesses. Both

          the witnesses,       who have signed the search and seizure memo

          are police witnesses, thereby raising a doubt over the validity of

          the seizure itself. The quantity of liquor recovered is also

          meagre i.e. only 11.1 litres.

                       6. Considering all these circumstances, I am inclined

          to grant privilege of anticipatory bail to the petitioner.

                        7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction learned Exclusive Special Court, Excise, Patna City

          in connection with Agamkuan P.S.Case No. 148 of 2026, subject

          to the conditions laid down under section 438(2) of the Code of

          Criminal Procedure/Section 482(2) of the Bharatiya Nagarik

          Suraksha Sanhita, 2023 and subject to further condition that :-

                       (i) the petitioner shall co-operate in the investigation/

          trial.

                       (ii) the learned court would, however, verify the
           Patna High Court CR. MISC. No.23605 of 2026(2) dt.16-04-2026
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                     criminal antecedent of the petitioner and in case it is found that

                     the petitioner has concealed his criminal antecedent, the court

                     below shall take step for cancellation of bail bond of the

                     petitioner. However, it is expected that the verification process

                     would be done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
HR/-

U      T


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