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Patna High Court

Subodh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, under its inherent powers under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Subodh Kumar, was named in a case (Suppi P.S. Case No. 93 of 2026) for allegedly stocking 153 litres of Nepali Saufi liquor seized from the backyard of co-accused Dhiraj Kumar, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, contending that the search and seizure violated Section 103 of the B.N.S.S. and that he was merely a suspect. The State, represented by the Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the offence and the petitioner’s prior similar criminal antecedent. The court examined the material against the petitioner and, applying its inherent powers under Section 482(2) of the B.N.S.S., held that bail could be granted subject to strict conditions. Accordingly, the court ordered that if arrested within six weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties of equal amount, subject to the conditions imposed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. despite the alleged involvement in illegal liquor possession.
  • Whether the search and seizure conducted violated Section 103 of the B.N.S.S.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • search and seizure
  • Bihar Prohibition and Excise Act
  • B.N.S.S.
  • Section 482(2)
  • illegal liquor possession
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 34389 of 2026
                        Arising Out of PS. Case No.-93 Year-2026 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Subodh Kumar S/o Moharlal Ray Resident of Village- Jamla Mandal, P.S.-
                 Suppi, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pushpendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   19-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in a case in

                   connection with Suppi P.S. Case No. 93 of 2026 dated

                   13.03.2026 registered for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the allegation, 153 litres of Nepali Saufi

                   liquor was recovered from four sacks from the backyard of hut

                   of co-accused Dhiraj Kumar, petitioner is alleged to be one of

                   the persons, who had stocked the same at the place of seizure.

                                4. Learned counsel for the petitioner has submitted

                   that admittedly the place of seizure is back of the hut of co-

                   accused Dhiraj Kumar. It has further been submitted that

                   petitioner has been named on suspicion. Learned counsel for the
           Patna High Court CR. MISC. No. 34389 of 2026(2) dt.19-05-2026
                                                       2/2




                     petitioner has submitted that the search and seizure is in

                     violation of Section 103 B.N.S.S. It has lastly been submitted

                     that petitioner has got one criminal antecedent of similar nature.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for anticipatory bail of the petitioner.

                                  6. Heard the parties and perused the record.

                                  7. Considering the facts and circumstances of the case

                     as well as the nature of material against the petitioner, let the

                     above named petitioner, in the event of his arrest/surrender

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

                     anticipatory bail 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 court concerned, Sitamarhi, in

                     connection with Suppi P.S. Case No. 93 of 2026, subject to

                     conditions as laid down under section 482(2) of the B.N.S.S.

                                  8. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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