Patna High Court
Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, finding that the prosecution had not produced sufficient material evidence beyond mere suspicion.
Summary
The petitioner, Sumit Kumar, was arrested on 12 April 2026 in connection with a case involving the seizure of 1,141.920 liters of foreign liquor from a vehicle owned by Umesh Kumar Singh, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the FIR was fabricated, that he had no involvement, and that only suspicion linked him to the offence, with no substantive evidence. The State opposed bail, noting the petitioner’s involvement in another case, though he was already on bail for that matter. The Court examined the lack of material evidence against the petitioner and, considering the circumstances, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Special Judge‑I (Excise Act) in Darbhanga.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail to an accused under Section 30(a) of the Bihar Prohibition and Excise Act when the prosecution's case rests mainly on suspicion?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- foreign liquor seizure
- suspicion
- criminal antecedent
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36577 of 2026
Arising Out of PS. Case No.-158 Year-2025 Thana- JALE District- Darbhanga
======================================================
Sumit Kumar Son of Awadh Kumar Sah @ Avadhkishor Sah Resident of
Village- Nagardih, Kaji Bahera, P.S.- Jale, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Praveen, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-06-2026 Heard Mr.Kumar Praveen, learned counsel for the
petitioner and Mr.Arun Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
12.04.2026 in connection with Jale P.S. Case No. 158 of 2025,
F.I.R. dated 22.08.2025 registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise Act.
3. Recovery is of 1141.920 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. It appears from the FIR that the recovery has
been made from the vehicle in question and owner of the
vehicle in question is one Umesh Kumar Singh and petitioner
has no concern at all with the alleged recovery of illicit liquor or
Patna High Court CR. MISC. No.36577 of 2026(2) dt.15-06-2026
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the vehicle in question and petitioner has been made accused in
the present case merely on the basis of suspicion and except the
suspicion, no other cogent material has come during
investigation against the petitioner to suggest the involvement of
the petitioner in the present occurrence and the petitioner is in
custody since 12.04.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case other than the present one but he fairly submits
that the petitioner is on bail in the said case, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid facts, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Incharge Special Judge-I
(Excise Act), Darbhanga in connection with Jale P.S. Case No.
158 of 2025,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.36577 of 2026(2) dt.15-06-2026
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(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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