Patna High Court
SUDHIR KUMAR @ SUDHIR KUMAR KUNWARversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court denied the petition for anticipatory bail.
Summary
The petitioner, Sudhir Kumar, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case involving the seizure of 304.2 litres of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The defence argued that the petitioner owned no vehicle or orchard where the liquor was found, that there was no material linking him to the offence, and that he posed no flight risk. The State contended that the apprehended co‑accused identified the petitioner, that his antecedents included three pending criminal cases (one under the Excise Act), and that the disclosure was corroborative. The Court examined the record, found the co‑accused’s statement credible and considered the petitioner’s criminal history, and consequently refused to grant anticipatory bail. However, the Court directed that if the petitioner surrenders within four weeks, a regular bail application may be heard on its merits.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482 of the BNSS, 2023 in view of the alleged involvement in the seizure of foreign liquor.
- Whether the co‑accused’s disclosure constitutes sufficient corroboration to deny anticipatory bail.
- Whether the petitioner’s prior criminal antecedents justify the refusal of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 105, 482
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- excise law
- foreign liquor seizure
- prior criminal antecedents
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36494 of 2026
Arising Out of PS. Case No.-115 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Sudhir Kumar @ Sudhir Kumar Kunwar S/O Birendra Kunwar R/O Village -
Senduar Kunwar Tola, Dayalpur, P.S - Janta Bazar, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-06-2026 The Court proceeding is being conducted through
virtual mode.
2. No one appears on behalf of the petitioner in spite
of the fact that there were two Counsels on record, namely, Mr.
Bishwajeet Singh and Mr. Gaurav Kumar. However, learned
APP for the State is present.
3. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Janta Bazar P.S. Case No. 115/2026, lodged
on 23.04.2026, under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022, pending in the Court of 3 rd
Exclusive Special Excise Judge, Saran at Chapra.
Patna High Court CR. MISC. No.36494 of 2026(2) dt.04-06-2026
2/3
4. As per the prosecution, total recovery of 304.200
litres of foreign liquor has been made which is the subject
matter of the present case. The alleged recovery was made from
a place which is situated behind the back of the house of Manan
Mahto. The apprehended person, namely, Manu Kumar Yadav,
disclosed that a four-wheeler and a motorcycle loaded with a
huge quantity of liquor were parked in the mango orchard. Upon
search, 261 litres of foreign liquor were recovered from the
four-wheeler and 43.200 litres of foreign liquor were recovered
from the motorcycle.
5. The defence has been taken in the bail application
that petitioner is innocent and has committed no offence. The
alleged recovery has been made from a mango orchard and
petitioner has falsely been implicated in this case on the basis of
suspicion only. It is pleaded that the petitioner is a resident of
another village, except the disclosure of co-villager, no material
has come against the petitioner. There is no compliance of
Sections 103 and 105 of the BNSS. The petitioner is neither the
owner of the four-wheeler nor of the motorcycle, and he is not
the owner of the mango orchard. There is no chance of
petitioner’s absconding or tampering. It is further pleaded that
the petitioner is ready to fulfill all the conditions whatsoever
Patna High Court CR. MISC. No.36494 of 2026(2) dt.04-06-2026
3/3
shall be imposed on him.
6. Learned APP for the State, on the other hand,
opposes the prayer for bail of the petitioner and submits that the
arrested accused persons have disclosed the name of the
petitioner and on whose disclosure, recovery has been made
from four-wheeler and motorcycle. The antecedent of the
petitioner is not clean. There are three criminal cases pending
against him and he is on bail in all three cases as mentioned in
para-3 of the bail petition. He submits that one of the antecedent
is under Excise Act also.
7. Upon perusal of the record, it transpires that the
disclosure made by the apprehended person is corroborative in
nature.
8. As such, this Court is not inclined to grant
anticipatory bail to the petitioner. Hence, anticipatory bail
petition of the petitioner is hereby rejected. However, in the
event of surrender of the petitioner within four weeks from
today, the prayer for regular bail shall be considered on merit on
the same day without being prejudiced by the order of this
Court.
(Dr. Anshuman, J)
Mkr./Bipin/-
U T
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