Patna High Court

Sunil Kumar @ SunilversusThe State of Bihar

Decided: 25 June 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Anticipatory bail was granted to the petitioner, subject to the conditions of Section 438(2) CrPC and Section 482(2) BNSS.

Summary

The petitioner, Sunil Kumar, was implicated in a prohibition and excise case for alleged illegal liquor trade, solely because he is the registered owner of a seized vehicle, though he was not named in the FIR and no liquor was found in his possession. He applied for anticipatory bail, arguing lack of direct involvement and a clean antecedent. The Additional Public Prosecutor opposed the bail. The court noted that the recovery of illicit liquor did not appear to be from the petitioner's physical possession and that ownership of the vehicle alone was insufficient to justify denial of bail. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was made by Justice Chandra Shekhar Jha of the Patna High Court.

Issues considered

Whether anticipatory bail can be granted when the petitioner is not named in the FIR and no illicit liquor is found in his possession.
Whether mere ownership of a vehicle seized in a prohibition case suffices to constitute an accusation against the owner.
Whether the conditions prescribed under Section 438(2) of the CrPC and Section 482(2) of the BNSS are applicable to grant anticipatory bail.

Legislation cited

Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Criminal Procedure Code — s. 438(2)

Subjects

anticipatory bail
prohibition act
excise law
illegal liquor
vehicle ownership
Section 30(a)
Section 438
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40998 of 2026
                   Arising Out of PS. Case No.-109 Year-2026 Thana- Bikramganj Excise District- Rohtas
                 ======================================================
                 Sunil Kumar @ Sunil, S/o- Lal Babu, R/o village- Bharsara Kakila, P.S-
                 Jagdishpur, District- Bhojpur Ara
                                                                          ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashwani Kumar Tiwary, Advocate
                 For the Opposite Party/s :        Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   25-06-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner is not named in the FIR

                   and apprehending his arrest in connection with Prohibition and

                   Excise P.S. Bikramganj Case No.109 of 2026 registered under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 900 ml of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   petitioner that the petitioner has been implicated as an accused

                   solely on the ground that he is the registered owner of the

                   vehicle bearing Registration No. BR03AJ-1676 alleged to have

                   been seized in connection with the present case. It is submitted
            Patna High Court CR. MISC. No.40998 of 2026(2) dt.25-06-2026
                                                        2/2




                      that nothing has been recovered from the conscious possession

                      of the petitioner. The petitioner claimed clean antecedent.

                                   5. Learned APP opposed the prayer of anticipatory

                      bail to the petitioner.

                                   6. In view of aforesaid factual submissions and by

                      taking of note of fact as recovery of illicit liquor prima facie not

                      appears to be made from physical possession of this petitioner,

                      accordingly, the petitioner, above-named, in the event of his

                      arrest or surrender in the court below within a period of four

                      weeks from today, is directed to be released on 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 Exclusive Special Judge, Excise-I, Rohtas at

                      Sasaram in connection with Prohibition and Excise P.S

                      Bikramganj Case No.109 of 2026, subject to the conditions as

                      laid down under Section 438(2) of the CrPC/under Section

                      482(2) of the BNSS.


                                                          (Chandra Shekhar Jha, J.)
    Raushan/-

U       T

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