Patna High Court

Sanju BhuiyanversusThe State of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to a bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Sanju Bhuiyan, sought anticipatory bail fearing arrest in an excise case (Case No.268 of 2025) under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, where police recovered 368 litres of illicit liquor from a motorcycle near a public guava tree. The petitioner claimed he had no possession of the liquor or the motorcycle and was falsely implicated based on villagers' suspicion, while acknowledging a prior criminal antecedent and offering cooperation with the investigation. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the facts, the petitioner's claim of innocence, and the nature of the allegation, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs the petitioner to surrender within six weeks if arrested and to comply with the bail conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioner in the excise case.
Whether the petitioner is likely to tamper with evidence or flee from prosecution.
Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
excise law
illicit liquor
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26183 of 2026
                      Arising Out of PS. Case No.-268 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Sanju Bhuiyan S/o Janki Bhuiyan, Resident of Village - Marmo, P.S. -
                 Rajauli, District - Nawada.
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar.                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Akhilesh Kumar, Advocate.
                 For the Opposite Party/s :        Ms. Sharda Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

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

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Excise P.S. Case No.268 of 2025/P.T.N. No.1081 of 2025

                   instituted under Sections 30(a), 47 of the Bihar Prohibition and

                   Excise Act.

                                3. As per the prosecution case, on                   getting secret

                   information, the police team reached at the place of occurrence

                   and recovered 368 liters of illicit liquor near a guava tree from

                   the motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this case

                   only on the basis of suspicion made by the villagers. He further

                   submits that petitioner has no concern either with the alleged

                   seized liquor or with the seized motorcycle. Learned counsel

                   submits that the alleged recovery has been made near the guava
              Patna High Court CR. MISC. No.26183 of 2026(2) dt.22-04-2026
                                                          2/2




                        tree which is an open place and is accessible to public at large.

                        He further submits that no incriminating article has been

                        recovered from the conscious possession of petitioner. Learned

                        counsel submits that petitioner has one criminal antecedent and

                        he undertakes to cooperate in the investigation and trial of the

                        case.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the case,

                        submissions of learned counsel for the parties and the nature of

                        allegation leveled against the petitioner, 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/- (Rupees Ten Thousand) with two sureties of the like

                        amount to each to the satisfaction of the learned Exclusive

                        Special Excise Court-2, Nawada/ concerned Court in connection

                        with Excise P.S. Case No.268 of 2025/P.T.N. No.1081 of 2025,

                        subject to the conditions laid down in Section 482(2) of the

                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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