Patna High Court
Sujeet Kumar Sah @ Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail is appropriate where there is no direct material against the petitioner and he is willing to cooperate, subject to statutory conditions.
Summary
The petitioner, Sujeet Kumar Sah, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition & Excise Act for alleged possession of 14.535 litres of foreign liquor recovered from his garden. He contended that he was not present at the scene, that no material was recovered from his possession, and that the only evidence was a confessional statement of a co‑accused. The State opposed the bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedents. The Court, after considering the submissions, held that the lack of direct evidence against the petitioner and his willingness to cooperate warranted the grant of anticipatory bail, subject to conditions. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties, under the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
- Whether a confessional statement of a co‑accused alone is sufficient to justify denial of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition & Excise Act
- foreign liquor
- Section 30(a)
- Section 482(2)
- prior criminal antecedents
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24287 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- MAKER District- Saran
======================================================
Sujeet Kumar Sah @ Sujeet Kumar S/o Satyanarayan Sah R/o Village- Peer
Maker Mali Tola, P.S- Maker, Dist- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Maker P.S. Case No. 67 of 2026, instituted under Section
30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, there is recovery of
14.535 litre of foreign liquor from the garden in front of the
house of petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. Petitioner was not present on the spot. Except the
confessional statement of co-accused, there is no material
against the petitioner. Nothing has been recovered from the
conscious possession of the petitioner. Petitioner has two
Patna High Court CR. MISC. No.24287 of 2026(2) dt.17-04-2026
2/2
criminal antecedents out of which one belongs to B.N.S. He is
on bail in both the cases. Petitioner undertakes to co-operate in
the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case and submission of learned counsel for the parties, 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 bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court No. 03, Saran at Chapra in
connection with Maker P.S. Case No. 67 of 2026, subject to the
conditions laid down in Section 482 (2) of the Bharatiya Nagrik
Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.