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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to a bail bond, sureties and conditions under Section 482(2) of the B.N.S.S.

Summary

Sunil Kumar and Raju Kumar were named by a local chowkidar as participants in loading illicit liquor on a motorcycle, leading to a case under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners argued they were not present at the spot, the motorcycle did not belong to them, and the identification was hostile; they also claimed the search and seizure violated Section 105 of the B.N.S.S. The State opposed their anticipatory bail. The court considered the circumstances and ordered that, if the petitioners surrender or are arrested within six weeks, they be granted anticipatory bail on furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the identification by the chowkidar and the search‑seizure were lawful under Section 105 of the B.N.S.S.
  • Whether the petitioners’ surrender within a stipulated period justifies the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • identification by chowkidar
  • search and seizure
  • Section 105
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35088 of 2026
                      Arising Out of PS. Case No.-57 Year-2026 Thana- KUDHNI District- Muzaffarpur
                 ======================================================
           1.     Sunil Kumar S/o Jaidhari Rai R/o Village - Mankauli, P.S. - Fakuli, District -
                  Muzaffarpur.
           2.    Raju Kumar S/o Rama Rai R/o Village - Mankauli, P.S. - Fakuli, District -
                 Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ravi Ranjan, Adv
                 For the Opposite Party/s :        Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   21-05-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in a

                   case in connection with Kudhani P.S. Case No. 57 of 2026 dated

                   06.04.2026 registered for the offences punishable under Section

                   30(a) of Bihar Prohibition and Excise Act.

                                3. As per the allegation on a public road, it has been

                   alleged that persons were loading illicit liquor on a motorcycle,

                   when the informant reached there, six persons present there

                   started fleeing away, throwing down the sacks containing illicit

                   liquor, and all of them ultimately succeeded in fleeing away. It

                   has been alleged that the local chowkidar identified four persons
Patna High Court CR. MISC. No.35088 of 2026(2) dt.21-05-2026
                                            2/3




          including these two petitioners who have fled away from the

          place of occurrence. While he did not identify the other two

          persons, a total quantity of 164.160 litres of foreign liquor was

          recovered from the sacks.

                       4. Learned counsel for the petitioners has submitted

          that, the petitioners were not apprehended at spot. It has further

          been submitted that none of the motorcycle belongs to the

          petitioners. It has further been submitted that the petitioners

          have been named by a local chowkidar who is on inimical terms

          with the petitioners. It has been further submitted that the search

          and seizure were carried out in violation of section 105 of the

          B.N.S.S. It has lastly been submitted that petitioner no.1 has got

          no criminal antecedent, while petitioner no.2 has been made

          accused in a case of similar nature but he is on bail in that case.

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

          opposed the prayer for anticipatory bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case, let the above named petitioners, in the event of their

          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) each with two sureties of the

          like amount each to the satisfaction of the learned court
            Patna High Court CR. MISC. No.35088 of 2026(2) dt.21-05-2026
                                                        3/3




                      concerned, in connection with Kudhani P.S. Case No. 57 of

                      2026, subject to conditions as laid down under section 482(2) of

                      the B.N.S.S.

                                   7. The application stands allowed.



                                                 (Praveen Kumar, J)
niku/rajesh/-

U       T


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