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Patna High Court

Surendra Kumar @ Surender KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Surendra Kumar, applied for anticipatory bail in a case involving alleged liquor smuggling under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The FIR did not name him; his name emerged during investigation based on information from the registered truck owner, who claimed to have sold the vehicle to the petitioner via OLX but produced no transfer documents. The petitioner asserted that he is neither the owner nor the driver of the truck. The court considered that the petitioner was not originally charged and that the allegation rested solely on uncorroborated statements. Accordingly, the court granted anticipatory bail, directing release upon furnishing a bail bond of Rs. 25,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. One surety must be a family member of the petitioner.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is not named in the FIR but is implicated during investigation.
  • Whether the absence of documentary proof of ownership or driver status precludes granting bail.
  • Whether the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are applicable to the bail order.

Legislation cited

Subjects

  • anticipatory bail
  • liquor smuggling
  • Bihar Prohibition and Excise Act
  • ownership dispute
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7455 of 2026
                       Arising Out of PS. Case No.-284 Year-2018 Thana- BALIYA District- Begusarai
                 ======================================================
                 Surendra Kumar @ Surender Kumar son of sita Ram Resident of village-
                 Khabra Kalan, Ps- Bhattu Kalan, Dist- Fatehabad, Hariyana
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sudhanshu Shekhar, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned Counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Ballia Police Station Case No. 284 of 2018,

                   disclosing offences under Sections 30(a) 32 and 41(1) of Bihar

                   Prohibition and Excise (Amendment) Act, 2016.

                                3. The prosecution case, as per the First Information

                   Report, is that on 07.10.2018 in the morning the informant

                   proceeded for patrolling and during course of that got a secret

                   information that one Chandan Singh, Rohit, Bhola Mahto and

                   Chhotu Singh have brought a truck of liquor and they have

                   come in a Bolero and the liquor would be unloaded at Chimney

                   Bhatta ahead of Mohanpur Dhab. The police arrived at the place

                   of occurrence and saw the vehicles parked there. The Truck

                   bearing Registration No. UP-14-AT-7919 was searched and
Patna High Court CR. MISC. No.7455 of 2026(2) dt.17-02-2026
                                            2/3




          seized total 3030.48 litres of IMFL from the truck, 54 litres from

          the Bolero and 23.640 litres from a motorcycle

                       4. Learned counsel for the petitioner submits that

          petitioner is not named in the FIR and his name has surfaced

          during the course of investigation. The IO of this case got

          information from Transport Department that owner of the truck

          in question is one Dinesh Kumar Gupta and when the police

          called the owner, Mr. Dinesh Kumar Gupta, on his mobile

          phone, he told the police that the truck belong to him but some

          days before, he sold the said truck to petitioner on OLX.

          Learned counsel next submits that no document has come

          during course of investigation, showing transfer of truck in

          question, in favour of the petitioner. It has further been

          submitted that the petitioner is neither owner of the truck nor its

          driver.

                       5. Regards being had to the submissions made by the

          parties and taking into consideration the fact that petitioner is

          not named in the FIR and his name transpired during the course

          of investigation on the basis of information given by registered

          owner of the truck in question and the petitioner denied that he

          is not the owner of truck, I am inclined to grant the petitioner

          privilege of anticipatory bail.
           Patna High Court CR. MISC. No.7455 of 2026(2) dt.17-02-2026
                                                       3/3




                                  6. This application is, accordingly, allowed.

                                  7. Let the petitioner, above named, in the event of his

                     arrest or surrender before the Court below within four weeks, be

                     released on bail on furnishing bail bond of Rs. 25,000/- (Twenty

                     Five Thousand) with two sureties of the like amount each to the

                     satisfaction of learned Exclusive Special Judge-II, Begusarai, in

                     connection with Ballia Police Station Case No. 284 of 2018,

                     subject to the condition laid down under Section 482 (2) of the

                     Bharatiya Nagarik Suraksha Sanhita,

                                  8. It is further directed that one of the bailors shall be

                     the family member of the petitioner.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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