Sunil Kumar @ Raja KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33422 of 2026
                        Arising Out of PS. Case No.-21 Year-2026 Thana- SUPAUL District- Supaul
                 ======================================================
                 Sunil Kumar @ Raja Kumar, S/O Vidyanand Yadav R/O Vill.- Khukhnaha
                 Punarwas, Ward No. -14, Nagar Parishad Supaul, P.S.- Supaul, Distt - Supaul,
                 State - Bihar - 852131.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kuldeep Kumar, Adv.
                 For the Opposite Party/s :        Ms. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   14-05-2026                                Heard the parties.

                                   2.    The petitioner apprehends his arrest in

                   connection with Supaul P.S. Case No. 21 of 2026 registered for

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

                   Prohibition & Excise Act.

                                   3. The main submissions advanced by petitioner’s

                   counsel are that the petitioner is a 21 year old young boy,

                   bearing no criminal antecedent and it is an admitted case of the

                   prosecution that the recovery of the alleged liquor was made

                   from the co-accused Santosh Kumar, who was apprehended at

                   the alleged place and further, as per the prosecution the

                   petitioner’s name surfaced in the statement of the said

                   apprehended co-accused Santosh Kumar and the same is said to
Patna High Court CR. MISC. No.33422 of 2026(2) dt.14-05-2026
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          have been recorded before the police during police custody,

          which is not admissible in the eyes of law and except this, there

          is no material to show the petitioner’s involvement in the

          alleged offence of the Excise Act. It is lastly submitted that as

          per the prosecution case, one motorcycle was also recovered

          from the alleged place along with the alleged liquor, however,

          the petitioner has no concern with the said motorcycle and he is

          also not the registered owner of the said motorcycle, hence, the

          alleged offence of the Excise Act, under which the FIR has been

          registered, does not attract even prima facie against this

          petitioner, so, his prayer is not hit by the provisions of section

          76(2) of the Excise Act.

                          4. Learned APP for the State has opposed the

          prayer of the petitioner.

                        5. In the facts and circumstances of this case and

          considering the statements made in the petition as well as above

          submissions, coupled with petitioner’s fair and clean antecedent

          and the basis of his implication in the present matter by the

          police, in my opinion, it is a fit case for anticipatory bail to the

          petitioner. Accordingly, let the petitioner named-above, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bond of Rs. 20,000/-
             Patna High Court CR. MISC. No.33422 of 2026(2) dt.14-05-2026
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                       (Rupees Twenty Thousand) with two sureties of the like amount

                       each to the satisfaction of the Court concerned in connection

                       with Supaul P.S. Case No. 21 of 2026, subject to the conditions

                       as laid down under Section 482(2) of the BNSS.




                                                 (Shailendra Singh, J)
annu/-

U        T