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Patna High Court

Alok Kumar Sultania @ Alok SultaniaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

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

Summary

Alok Kumar Sultania was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 309.6 liters of illicit liquor were seized from a white pickup bearing Reg. No. BR01-GC-5803. The petitioner claimed he had sold the vehicle to Subodh Kumar on 3 December 2022 and had transferred ownership, asserting he was not present at the seizure and had no incriminating material in his possession. He pleaded innocence, highlighted his clean criminal record, and offered cooperation with the investigation. The State opposed his bail application. The Court, considering the petitioner’s claim of relinquished ownership, lack of personal involvement, and his antecedents, granted bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given his alleged ownership of the seized vehicle and lack of personal involvement.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • vehicle ownership
  • criminal procedure
  • Section 30
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32459 of 2026
                       Arising Out of PS. Case No.-81 Year-2023 Thana- BARHARA District- Bhojpur
                 ======================================================
                 Alok Kumar Sultania @ Alok Sultania S/O Late Banwarilal Sultania R/O Flat
                 No. 705, Pushpanjali Venkatesh Apartment, Budh Marg, P.S.- Kotwali, Distt.-
                 Patna.

                                                                                     ... ... Petitioner/s
                                                        Versus


                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :       Mr. N.K. Agrawal, Sr. Advocate
                                                    Mr. Mohit Agarwal, Advocate
                                                    Mr. Rahul Kumar, Advocate
                                                    Mr. Vikash Khanna, Advocate
                 For the Opposite Party/s :         Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   13-05-2026                             Heard learned senior counsel for the petitioner

                   and learned A.P.P. for the State.

                                        2. The petitioner apprehends arrest in a case

                   registered under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                        3. As per prosecution case, 309.6 liters illicit liquor

                   was recovered from white colour Pickup vehicle bearing Reg.

                   No. BR01-GC-5803. Two persons apprehended on the spot. It is

                   alleged that petitioner is owner of the seized vehicle.

                                        4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case. As a matter of fact,
Patna High Court CR. MISC. No.32459 of 2026(2) dt.13-05-2026
                                            2/3




          petitioner is director of M/s. Maruti Meditech Pvt. Ltd., in

          whose name, the seized vehicle was purchased, however, the

          seized vehicle was sold and delivered on 03.12.2022 to one

          Subodh Kumar, and in this regard, the complete paperwork was

          made and original documents were handed over to the said

          purchaser who applied for transfer of ownership. Accordingly,

          petitioner has now no concern with the seized vehicle or with

          the liquor. Petitioner was neither present on the spot nor any

          incriminating material has been recovered from his conscious

          possession. Petitioner has got no criminal antecedent and he

          undertakes to cooperate in the investigation and trial.

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

          bail.

                       6. Considering the aforesaid facts and circumstances

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

          fair antecedent of the petitioner, let the above named petitioner

          be released on bail, in the event of arrest or surrender before the

          Court concerned within a period of six weeks from today, on

          furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of

          learned Exclusive Special Excise Court No. 1, Ara, Bhojpur, in

          connection with Barahara (Khawaspur O.P.) P.S. Case No. 81 of
           Patna High Court CR. MISC. No.32459 of 2026(2) dt.13-05-2026
                                                       3/3




                     2023, subject to the conditions as laid down under Section

                     482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                             (Sunil Dutta Mishra, J)
utkarsh/-koustav
U       T


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