Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Satish Kumar was implicated in a case of illicit liquor sale under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016 after police recovered 9.72 litres of liquor from a bag on a motorcycle. The petitioner claimed innocence, arguing that the liquor was found in an open public area and his name was supplied by local persons without solid evidence. The court examined the circumstances, noting the lack of direct linkage between the petitioner and the contraband. Relying on the fact that the evidence was tenuous and the recovery was from an open space, the court granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case of alleged illicit liquor sale.
- Whether the evidence disclosed (recovery of liquor from an open space and identification by local persons) is sufficient to deny anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(1)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24208 of 2026
Arising Out of PS. Case No.-122 Year-2026 Thana- GANDHIMAIDAN District- Patna
======================================================
Satish Kumar Son of Lakshu Saw @ Laxman Prasad Resident of Mohalla-
Salimpur Ahra, Hazam Toli, P.S.- Gandhi Maidan, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chhote Lal Mishra
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Gandhi Maidan Police Station Case No. 122 of 2026,
dated 27.02.2026, disclosing offence under Sections 30
(a)/41(1) of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report,
is that the police, on secret information that the petitioner
is selling illicit liquor in Salimpur Ahra area, the police
reached the place of occurrence and saw one person
coming with a jhola in his hand, but on seeing the police,
he fled away after throwing the jhola. On search of the
bag (jhola), the police recovered 9.72 litres of illicit liquor
kept in a white bag on the motorcycle.
Patna High Court CR. MISC. No.24208 of 2026(2) dt.22-04-2026
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4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case. The name of the petitioner transpired in this
case on the basis of disclosure made by the local persons.
He further submits that the illicit liquor has been
recovered from an open road, which is accessible to all
and sundry.
5. Regards being had to the submission advanced on behalf
of the parties concerned and taking into consideration the
fact that the illicit liquor has been recovered from an open
space, which is accessible to all and sundry and the
petitioner has been made accused in this case on the basis
of disclosure of his name by the local persons, I am
inclined to grant the petitioner privilege of anticipatory
bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, 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 learned Exclusive Special Excise
Court No. II, Patna, in connection with Gandhi Maidan
Patna High Court CR. MISC. No.24208 of 2026(2) dt.22-04-2026
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Police Station Case No. 122 of 2026, subject to the
condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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