Patna High Court
Sujay Kumar @ Sushant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner subject to a bond and conditions.
Summary
The petitioner, Sujay Kumar, was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 46.25 litres of IMFL was recovered from a tempo he was driving, which is owned by his father. He contended that he was falsely implicated, that no incriminating article was found in his possession, and that he has no prior criminal record. He had been in custody since 21 February 2026. The State opposed his bail application. Considering the allegations, his lack of antecedent and the period of custody, the Court ordered that he be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the condition that the prosecution may move for cancellation if any antecedent under the Act is later discovered. The bail was thus granted.
Issues considered
- Whether regular bail should be granted to the accused under section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the facts of the case.
- Whether the petitioner’s claim of false implication and lack of criminal antecedent warrant bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- false implication
- criminal antecedent
- excise law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28599 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- ATHMALGOLA District- Patna
======================================================
Sujay Kumar @ Sushant Kumar son of Guddu Rai @ Guddu Ray Resident Of
Village- Dakshinichak Ps- Athmalgola Dist -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Abhilasha Kumari, Advocate
Mr. Anmol Kumar, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Athmalgola P.S. Case
no.51 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, 46.25 litres of IMFL
was recovered from the tempo being driven by the petitioner
and the vehicle is said to be owned by the father of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from his possession or
from his tempo. He is in custody since 21.2.2026 and has no
Patna High Court CR. MISC. No.28599 of 2026(2) dt.06-05-2026
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criminal antecedent.
5. The application for 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, his having remained in custody since 21.2.2026 and
especially the petitioner not having any criminal antecedent, the
petitioner is directed to be enlarged on bail in connection with
Athmalgola P.S. Case no.51 of 2026 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, Barh, District-Patna on the following condition :
(i) In case it transpires that the petitioner has
antecedent under the Bihar Prohibition and Excise Act, 2016,
the prosecution will be at liberty to move this Court for
cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
Shiv/-
U T
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