Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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