Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The Court held that anticipatory bail may be granted, subject to surrender within six weeks and furnishing of bond and sureties under Section 482(2) CrPC.
Summary
The petitioner, Sunil Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 38.250 litres of foreign liquor recovered from co‑accused Rajesh Kumar and Ravi Kumar at Darbhanga Junction. He contended that the liquor was not in his conscious possession and that he was falsely implicated based solely on the co‑accused’s statements, also highlighting his clean criminal record. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the facts, ordered that if the petitioner surrenders within six weeks, he shall be released on bail upon furnishing a Rs.10,000 bond with two sureties of equal amount, subject to conditions under Section 482(2) of the CrPC. The order was directed to the Exclusive Special Judge‑II, Excise Court, Darbhanga.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged involvement, based solely on co‑accused statements, warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482 CrPC
- false implication
- co‑accused
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29178 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- DARBHANGA GRP CASE District-
Darbhanga
======================================================
Sunil Kumar, S/o- Gunak Yadav @ Munak Yadav R/v- Khondhi, Po- Sahiya
Ps - Wazirganj District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Rail P.S. Darbhanga Case No. 27 of 2026 dated 08.02.2026
instituted for the offence punishable under Sections 30(a) of
Bihar Prohibition and Excise Act.
3. Allegation is of recovery of total 38.250 litre
foreign Liquor from the possession of co-accused Rajesh Kumar
and Ravi Kumar who were alighting from Train No. 12566
standing at Darbhanga Junction.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is further submitted that nothing has been recovered
Patna High Court CR. MISC. No.29178 of 2026(2) dt.06-05-2026
2/2
from the conscious possession of the petitioner rather the said
liquor was recovered from the possession of apprehended two
co-accused persons. The petitioner has been made accused in
this case only on the basis of disclosure made by co-accused
Rajesh Kumar. The petitioner has no concern with the said illicit
liquor. Lastly, it has been submitted that petitioner has no
criminal antecedents.
5. On the other hand, learned A.P.P. for the State has
opposed the prayer for anticipatory 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 Rail P.S. Darbhanga
Case No. 27 of 2026, he will be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of Exclusive Special
Judge-II, (Excise Act), Darbhanga subject to condition as laid
down under Section 482(2) of the B.N.S.S.
(Khatim Reza, J)
premchand/-
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