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Patna High Court

Sujit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and regular police‑station attendance.

Summary

The petitioner, Sujit Kumar, feared arrest in an excise case where 801 litres of illicit liquor were seized and he was implicated under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. He pleaded innocence and applied for anticipatory bail, arguing that he had not been arrested at the scene. The High Court examined the application and, noting the absence of immediate arrest, allowed the anticipatory bail. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear at the police station every Sunday of each month. Non‑appearance would lead to cancellation of the bail. The order was made under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
  • Whether the conditions imposed for bail are appropriate and sufficient.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • Section 30
  • Bihar Prohibition Act
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88710 of 2025
                 Arising Out of PS. Case No.-147 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
                 ======================================================
                 Sujit Kumar S/O Durganand Yadav R/O Village- Inarwa, P.S- Phulparas,
                 District- Madhubani.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :        Mr.Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   07-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Jhanjharpur Excise P.S. Case No. 147 of 2025 for an

                   offence registered under Section 30(a) of the Bihar Prohibition

                   and Excise Amendment Act, 2018.

                                  3. As per the prosecution case, 801 liters of illicit

                   liquor was recovered.

                                  4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case.

                                 5. The name of the petitioner has come during

                   investigation. Considering the fact that the petitioner was not

                   arrested at the spot, this application is allowed.
             Patna High Court CR. MISC. No.88710 of 2025(4) dt.07-01-2026
                                                         2/2




                                       6. Let the petitioner, above named, in the event of

                       his arrest or surrender before the concerned Court below within

                       four weeks from today, be released on bail on furnishing bail

                       bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                       like amount each to the satisfaction of the learned Special Judge

                       Excise Act, Jhanjharpur, Madhubani/concerned court below in

                       connection with Jhanjharpur Excise P.S. Case No. 147 of 2025,

                       subject to the conditions laid down in Section 438(2) of the

                       Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                                      7. As a condition of this order, the petitioner, after

                       being released on anticipatory bail, is directed to mark his

                       attendance at Phulparas Police Station on every Sunday of each

                       month. Any default in appearance at the police station will result

                       in cancellation of bail bonds of the petitioner.



                                                               (Sandeep Kumar, J)
niku/-

U        T


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