Patna High Court
Sujeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 438 CrPC and Section 482 BNSS.
Summary
The petitioner, Sujeet Kumar, was implicated in a case (Bhabhua PS Case No. 964 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 after a police raid recovered 68.8 litres of liquor and cash. The prosecution’s case was based on information that the liquor was being sold from the house of Amarjit Patel, and the accused named Sujeet as a third participant who escaped. The petitioner argued that he is merely a brother of the two apprehended accused, lives in a joint family, has no possession of the liquor, and has a clean antecedent, seeking anticipatory bail. The State opposed the bail. The High Court, applying Section 438(2) of the CrPC read with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted anticipatory bail subject to monetary sureties and specific conditions, noting that the order would not affect the trial. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC in view of the alleged offence under the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the petitioner’s alleged involvement, based solely on suspicion and familial ties, warrants denial of bail.
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition Act
- joint family property
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8281 of 2026
Arising Out of PS. Case No.-964 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Sujeet Kumar, S/o Dular Singh, Resident of Village- Bhabua, Ward no- 19,
Moh Gavai, P.S.- Bhabua, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate
Ms. Anju Kumari Sinha, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 21-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State through virtual mode.
2. The petitioner is apprehending his/her arrest in
connection with Bhabhua P.S. Case No. 964 of 2025 registered
for the offence(s) under Section(s) 30(a) of the of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case, the police received
secret information that liquor is being sold from the house of the
person, namely, Amarjit Patel. Thereafter, a raid was conducted
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and two persons were apprehended and one person managed to
escape. The apprehended two persons disclosed their names as
Amarjit Patel and Rakesh Kumar and they also disclosed that
the third person, who managed to escape, was Sujeet Kumar
(petitioner). On search, total 68.805 litres of English liquor was
recovered from the cupboard of the bedroom and store room
beside the house and Rs. 2030/- in cash.
4. The learned counsel for the petitioner submits that
the petitioner is the own brother of the two apprehended accused
persons and they all live in a joint family and he has been
implicated in this case merely on suspicion. It has further been
submitted that there is no recovery from the conscious
possession of the petitioner and, in fact, the house from where
the recovery has been made is a joint property. It has lastly been
submitted that the petitioner has clean antecedent.
6. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
7. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioner, above-named, be released on anticipatory bail, in
the event of his/her arrest or surrender before the concerned
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Court/successor Court within a period of four weeks from today,
on his/her furnishing bail bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the concerned Court/successor Court
where the case is pending in connection with Bhabhua P.S. Case
No. 964 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 read
with corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioner shall be
his/her close relative and the other shall be a local
resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioner will be liable to be cancelled by the
concerned Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he/she has concealed his/her criminal
antecedents, the Court concerned shall take necessary
steps for cancellation of his/her bail bond. 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.
8. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
9. The application stands allowed.
(Sourendra Pandey, J)
krishna/sweta-
U T
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