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Patna High Court

Sashi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties.

Summary

The petitioner, Sashi Kumar, applied for anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 38 litres of country liquor were seized after the accused fled on a motorcycle. The prosecution alleged that the petitioner was involved in the offence, while the petitioner contended that he was falsely implicated, had no connection with the seized liquor or the motorcycle, and was willing to cooperate with the investigation. The State opposed the bail application. After hearing both sides, the Court noted that the petitioner had not been arrested at the spot and had no direct link to the seized items. Consequently, the Court ordered that the petitioner be released on anticipatory bail, provided he surrenders within four weeks and furnishes a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Judge‑I, Begusarai.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 in the present facts?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • false implication
  • seizure of liquor
  • bail bond
  • special excise court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24907 of 2026
                    Arising Out of PS. Case No.-94 Year-2025 Thana- BEGUSARAI MUFFASIL District-
                                                         Begusarai
                 ======================================================
                 Sashi Kumar S/O Lalan Singh R/O vill - Mohanpur, P.S- Mufassil, Dist.-
                 Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Braj Bhushan Poddar, Advocate
                 For the Opposite Party/s :      Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Muffasil P.S. Case no. 94 of 2025 registered under section

                   30(a) of the Bihar Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, the informant states

                   that seeing the police personnel the accused persons fled away

                   on their motorcycle. On search of the articles left behind by

                   them, 38 litres of country liquor was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case because of his

                   antecedents. He has no concern with the seized articles or with
           Patna High Court CR. MISC. No.24907 of 2026(2) dt.22-04-2026
                                                       2/2




                     the motorcycle in question. He undertakes to cooperate in the

                     investigation/trial.

                                  5. The application for anticipatory bail is opposed by

                     learned A.P.P. for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations against the petitioner in

                     the FIR, the petitioner not having been arrested at the spot and

                     specially his not having any concern with the seized motorcycle,

                     it is directed that the petitioner above named, in the event of his

                     arrest or surrender before the learned Court below within a

                     period of four weeks, be released on anticipatory bail in

                     connection with Muffasil P.S. Case no. 94 of 2025 on 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 Judge-I, Begusarai.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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