Patna High Court
Indrajeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to surrender and bail bond conditions.
Summary
The petitioner, Indrajeet Kumar, applied for anticipatory bail fearing arrest in Excise P.S. Case No. 1081 of 2025, which alleges that 438.840 litres of foreign liquor were recovered from a tractor owned by him. The prosecution contends that the liquor was found in the vehicle, making the petitioner liable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner argued that he merely owned the vehicle, which was being used by a driver and co‑driver who misused it, and asserted his innocence and clean criminal record. The State opposed the bail, but the Court, after hearing both sides, found no material risk of the petitioner fleeing or tampering with evidence. Consequently, the Court ordered anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the excise case.
- Whether the petitioner poses a risk of fleeing, influencing witnesses, or tampering with evidence.
- Whether the facts justify the imposition of bail conditions under Section 482(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- foreign liquor
- Bihar Prohibition and Excise Act
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7437 of 2026
Arising Out of PS. Case No.-1081 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Indrajeet Kumar S/O Harihar Prasad Ray R/O Village- Singahi Kalu Tola,
P.S- Doriganj, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Excise P.S. Case No. 1081 of 2025 instituted
for the offence under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution is that from a tractor,
altogether 438.840 liters of country made foreign liquor was
recovered. Petitioner is the owner of the said vehicle.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. He has further submitted that petitioner had given his
Patna High Court CR. MISC. No.7437 of 2026(2) dt.09-02-2026
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vehicle to driver and co-driver but they have misused the
vehicle. Nothing has been recovered from the possession of this
petitioner and he has no concern with the alleged recovery. He is
also having no criminal antecedent.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Excise P.S. Case No. 1081 of 2025, he will
be enlarged 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 learned Exclusive Special Excise Court-2,
Muzaffarpur subject to the conditions as laid down under
section 482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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