Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted bail to the petitioner, subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Sudhir Kumar was implicated in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act after 120 litres of illicit beer were seized from a Scorpio vehicle. A co‑accused, Mithlesh Kumar, identified Sudhir and another person as having fled the scene, but no liquor or any other material was found in Sudhir's possession. Sudhir, who has no prior criminal record, pleaded innocence, asserting he was neither the owner nor the driver of the vehicle. The State opposed his bail application, while his counsel argued that the only evidence against him was the co‑accused’s statement. The Court, after considering the circumstances, ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner when the only evidence is the statement of a co‑accused in a case under the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- co‑accused statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26071 of 2026
Arising Out of PS. Case No.-222 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Sudhir Kumar son of Prakash Mahto Resident of Village- Marui, narayanpur,
Ps- Roh, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in a case
registered under Sections 30(a) and 41 of Bihar Prohibition and
Excise Act.
3. As per prosecution case, 120 liters illicit beer
was recovered from Scorpio vehicle bearing Reg. No. JH01-S-
8660. Apprehended co-accused Mithlesh Kumar disclosed the
name of the petitioner and co-accused Mukesh Kumar Paswan
@ Jamura that they fled away from the spot.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case. Further submission is that
petitioner is neither the owner nor the driver of the seized
Patna High Court CR. MISC. No.26071 of 2026(2) dt.22-04-2026
2/2
vehicle and he has no concern with the seized liquor. Nothing
has been recovered from the conscious possession of the
petitioner. Except the disclosure statement of apprehended co-
accused, there is nothing material against the petitioner.
Petitioner has got no criminal antecedent and he undertakes to
cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances
of the case and submissions of learned counsel for the parties,
let the above named petitioner be released on bail, in the event
of arrest or surrender before the Court concerned within a period
of six weeks from today, on furnishing bail bond of Rs. 10,000
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Court No. 2, Nawada, in connection with Nawada Excise P.S.
Case No. 222 of 2026, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
Checking your session…