Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the BNSS.
Summary
The petitioner, Sachin Kumar, sought anticipatory bail fearing arrest in an excise case where 481.5 liters of beer were recovered from a community hall. He claimed he had no involvement, was not present at the hall, and that the investigation failed to follow the procedure under Section 103 of the Bharitya Nagrik Suraksha Sanhita (BNSS). The State opposed the bail, arguing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. The Court examined the allegations, the petitioner’s clean record, and the procedural lapse alleged. It granted anticipatory bail on the condition of a Rs.10,000 bail bond and two sureties, invoking Section 482(2) of the BNSS. The order was made subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged procedural lapse under Section 103 BNSS.
- Whether the petitioner is likely to flee, tamper with evidence, or otherwise obstruct the investigation under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita (BNSS) — s. 103, 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- anticipatory bail
- excise offence
- procedural lapse
- Section 103
- Section 482
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34659 of 2026
Arising Out of PS. Case No.-572 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Sachin Kumar Son of Rajendra Das Resident of Vill -Gangoliya PS- Saraiya
Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anunay Shahi, Adv
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, 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
connection with Muzaffarpur Excise P.S. Case No. 572 of 2026
registered for the offences punishable under Sections 30(a) of
Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution case, total quantity of 481.5
liters of beer was recovered from a community hall, after it was
unlocked by the police officers in the presence of the local
Mukhiya.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that petitioner has no
concern with the community hall in question where alleged
Patna High Court CR. MISC. No.34659 of 2026(2) dt.19-05-2026
2/2
recovery has been made. It has further been submitted that the
procedure prescribed under Section 103 of the BNSS has not
been followed. It has further been submitted that petitioner was
not present at the place of occurrence. It has lastly been
submitted that petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation 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,
in connection with P.S. Case No. Muzaffarpur P.S. Case No. 572
of 2026 , subject to the conditions as laid down under Section
482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
niku/rupa/-
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