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Patna High Court

Madhusudan kumarversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted because the petitioner was not in possession of the seized liquor, was not the driver or owner of the vehicle, and the case against him rested solely on a co‑accused’s confession.

Summary

Madhusudan Kumar was implicated in a case involving the seizure of 203.250 litres of illicit liquor from a vehicle, although he was neither the driver nor the owner and no incriminating material was found in his possession. The prosecution’s case relied solely on a confessional statement of a co‑accused, and the petitioner had a prior similar charge for which he was on bail. The petitioner applied for anticipatory bail, arguing that the evidence against him was insufficient. The court examined the lack of direct involvement, the reliance on a co‑accused’s confession, and the petitioner’s antecedent. It held that these factors warranted the grant of anticipatory bail, subject to a bail bond and sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Consequently, anticipatory bail was ordered with a bond of Rs.10,000 and two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
  • Whether a confession of a co‑accused alone suffices to deny anticipatory bail.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28656 of 2026
                     Arising Out of PS. Case No.-12 Year-2026 Thana- ANTICHAK District- Bhagalpur
                 ======================================================
                 Madhusudan kumar S/O Arvind Das R/O Village - Tantanga Biyara Jhallu
                 Das Tola, Thana- Rangra, District- Bhagalpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjan Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Ahmad Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 203.250 litres illicit liquor

                   was recovered from the seized vehicle bearing Reg. No.

                   BR10D2784.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner is neither driver nor

                   owner of the vehicle in question and he has been made accused

                   in this case merely on the basis of confessional statement of the

                   apprehended co-accused. Petitioner has got one criminal

                   antecedent of similar nature in which he is on bail.
              Patna High Court CR. MISC. No.28656 of 2026(2) dt.30-04-2026
                                                          2/2




                                     5. Learned A.P.P. for the State opposed the bail

                        application.

                                     6. Considering the aforesaid facts and circumstances

                        of the case, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of learned Additional Sessions

                        Judge IX, Bhagalpur in connection with Antichak P. S. Case No.

                        12 of 2026, subject to condition as laid down under Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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