Patna High Court

Niraj Kumar @ Niraj yadavversusThe State of Bihar

Decided: 17 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that anticipatory bail may be granted, subject to bond and sureties, as the only material against the petitioner is the co‑accused’s statement.

Summary

The petitioner, Niraj Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged seizure of 418.80 litres of Nepali Saufi liquor from two unregistered motorcycles. The prosecution’s case rests mainly on a disclosure statement by co‑accused Lakhindra Kumar, while no liquor or incriminating material was found in the petitioner’s possession. The petitioner contended that he was not present at the scene, has no connection with the seized items, and that the co‑accused’s statement alone is insufficient to deny bail. The State opposed the grant of anticipatory bail. The court, after considering the limited material against the petitioner and his willingness to cooperate, ordered that anticipatory bail be granted on condition of a Rs.10,000 bail bond with two sureties, subject to Section 482(2) of the B.N.S.S., 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the co‑accused’s disclosure statement constitutes sufficient material to deny bail.

Legislation cited

B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
co‑accused disclosure
bail conditions
Section 482(2) B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.24032 of 2026
                     Arising Out of PS. Case No.-60 Year-2026 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
                 Niraj Kumar @ Niraj yadav son of Rajkishore Yadav Resident Of Village-
                 Masha Alam Ps- Bairgania Distt- 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. Ramesh Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection with

                   Bairgania P.S. Case No.60 of 2026 registered under Section 30(a)

                   of Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 418.80 liters of Nepali

                   Saufi liquor was recovered from two motorcycles without

                   registration number therein. It is alleged that co-accused

                   Lakhindra Kumar was arrested on the spot and the petitioner

                   alongwith other co-accused persons managed to flee away from

                   the spot.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this case

                   only on the basis of disclosure statement made by the co-accused

                   Lakhindra Kumar with ulterior motives. He further submits that

                   petitioner has no concern either with the alleged seized liquor or

                   with the seized motorcycles. Learned counsel submits that
            Patna High Court CR. MISC. No.24032 of 2026(2) dt.17-04-2026
                                                        2/2




                      petitioner was not present on the spot and no incriminating

                      material has been recovered from his conscious possession. He

                      further submits that except the disclosure statement of the co-

                      accused, there is no material against the petitioner. Learned

                      counsel submits that the petitioner has two criminal antecedents,

                      out of which one case belongs to the Excise Act. petitioner has got

                      clean antecedent and he undertakes to cooperate in the

                      investigation and trial of the case.

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

                      anticipatory bail.

                                   6. Considering the facts and circumstances of the case,

                      submissions of learned counsel for the parties and the nature of

                      allegation against the petitioner, in the event of arrest or surrender

                      before the Court below within six weeks from today, the petitioner

                      be released on bail upon furnishing bail bond of Rs.10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount each

                      to the satisfaction of the learned Exclusive Special Excise Court

                      No.1, Sitamarhi/ concerned Court in connection with Bairgania

                      P.S. Case No.60 of 2026, subject to the conditions as laid down

                      under Section 482(2) of the B.N.S.S., 2023.



                                              (Sunil Dutta Mishra, J)
Ritik/-
U       T

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