Patna High Court
Sashi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
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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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