Patna High Court
Sandeep Patel @ Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The High Court allowed the petitioners' application for anticipatory bail.
Summary
The petitioners, Sandeep Patel and Mukesh Patel, sought anticipatory bail after being named in an FIR for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, relating to the recovery of 18 litres of foreign liquor from the bank of Koiripati Dam. The prosecution’s case relied on the testimony of a local chaukidar who identified the petitioners, while the petitioners argued they were not present at the site, the area was publicly accessible, and there was no seizure list or other evidence linking them to the contraband. The State opposed bail, contending that the petitioners were named accused and should face the charges. The High Court considered the lack of direct evidence, the petitioners’ clean criminal record, and the principle of anticipatory bail under Section 482(2) of the Code of Criminal Procedure. It ordered that, if arrested or surrendered within six weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions imposed by the Special Judge of the Excise Court. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Code of Criminal Procedure in the absence of substantive evidence linking them to the alleged offence.
- Whether the identification by the local chaukidar and the recovery of liquor constitute sufficient grounds to deny bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2) CrPC
- high court
- bail conditions
- evidence
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8823 of 2026
Arising Out of PS. Case No.-296 Year-2025 Thana- SRINAGAR District- West Champaran
======================================================
1. Sandeep Patel @ Sandeep Kumar S/o Prem Patel R/o Vill- Dumariya, Ward
no 07, P.S.- Bairiya, Distt.- West Champaran
2. Mukesh Patel @ Mukesh Kumar S/o Radhe Shyam Patel R/o Vill-
Dumariya, Ward no 07, P.S.- Bairiya, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Srinagar P.S. Case No. 296 of 2025 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 18 litre foreign liquor
was recovered from the bank of Koiripati Dam. Local chaukidar
disclosed the name of petitioners who fled away from the place
of occurrence.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence as
Patna High Court CR. MISC. No.8823 of 2026(2) dt.18-02-2026
2/3
alleged in the FIR and they have falsely been implicated in this
case due to high handedness of the police at the instance of local
chaukidar. He further submits that the place of recovery is an
open place which is accessible to all and hence, petitioner
cannot be held liable for the alleged recovery. Except suspicion,
there is nothing on record to demonstrate the complicity of the
present petitioners with the alleged occurrence. Petitioners were
not found at the place of occurrence. Seizure list has not been
made as per law. Petitioners have nothing to do with the alleged
occurrence. In the light of the aforesaid facts and circumstances
of the case, no case is made out against the petitioners under the
provisions of Bihar Prohibition and Excise Act. Petitioners bear
no criminal antecedent.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioners by submitting that
petitioners are FIR named accused persons and hence, they
cannot escape from the allegation made in FIR.
6. Considering the facts and circumstances of the
case, petitioners were not found at the place of occurrence,
keeping in view clean antecedent of petitioners, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioners
Patna High Court CR. MISC. No.8823 of 2026(2) dt.18-02-2026
3/3
above-named, in the event of their arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Excluisve Special
Judge Excise Court-II, Bettiah, West Champaran in connection
with Srinagar P.S. Case No. 296 of 2025, subject to the
conditions as laid down under Section 482 (2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
Checking your session…