Patna High Court
Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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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