Patna High Court

Sumit KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the CrPC.

Summary

The petitioner, Sumit Kumar, was implicated in a case (Lakhisarai P.S. Case No. 176C2 of 2026) for the alleged recovery of 131 litres of foreign liquor from a vehicle, based solely on the statement of another accused, Nilesh Kumar. The petitioner contended that he had no possession of the liquor, the vehicle did not belong to him, and he had no prior criminal record. The State opposed his bail, arguing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The Court examined the evidence and the petitioner's claim of false implication and, considering the circumstances, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC. The order directs the petitioner to surrender within six weeks if arrested, thereby securing his temporary liberty pending trial.

Issues considered

Whether anticipatory bail should be granted to the petitioner on the basis of the limited evidence (statement of a co-accused) in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the conditions imposed under Section 482(2) of the CrPC are sufficient to safeguard the investigation while protecting the petitioner’s liberty.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
excise offence
foreign liquor
Section 30
Section 482
bail conditions
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26249 of 2026
                     Arising Out of PS. Case No.-176 Year-2026 Thana- Excise P.S. District- Lakhisarai
                 ======================================================
                 Sumit Kumar, S/o Anil Ram, R/o Village - Mano English Ward No.09, PS -
                 Surajgarha, District - Lakhisarai
                                                                         ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Parmanand Pd. Nr. Sahi, Adv.
                 For the Opposite Party/s :         Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       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 connection with

                   Lakhisarai P.S. Case No. 176C2 of 2026 dated 22.03.2026,

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The allegation is of recovery of 131 litres of foreign

                   liquor from Mahendra Scorpio bearing Reg. No. JH10BK3490. It

                   is further alleged that the informant along with the police officials

                   raided the place of occurrence and on seeing the police, two

                   persons started to flee away but one person was apprehended, who

                   disclosed his name as Nilesh Kumar and another person succeeded

                   in fleeing away.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in this

                   case. It is submitted that nothing has been recovered from the
            Patna High Court CR. MISC. No.26249 of 2026(2) dt.22-04-2026
                                                        2/2




                      conscious possession of the petitioner. Only on the basis of

                      disclosure made by the apprehended accused person, namely,

                      Nilesh Kumar, the petitioner has been made accused in this case. It

                      is further submitted that the said illicit liquor has been recovered

                      from Mahendra Scorpio which does not belong to the petitioner.

                      Lastly, it has been submitted that he has no criminal antecedent.

                                    5. Learned A.P.P. has opposed the prayer for bail of the

                      petitioner.

                                    6. Having considered the facts and circumstances of the

                      case and submissions of learned counsel for the parties, in the

                      event of arrest / surrender of the petitioner within a period of six

                      weeks from today, in connection with Lakhisarai P.S. Case No.

                      176C2 of 2026, he shall be released on anticipatory bail upon

                      furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Additional Sessions Judge-VII-cum-Exclusive Special Excise

                      Court-2, Lakhisarai, subject to condition as laid down under

                      Section 482(2) of B.N.S.S..



                                                   (Khatim Reza, J)
prabhat/-

U       T

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