Patna High Court

Sujeet KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The Court denied anticipatory bail to the petitioner.

Summary

The petitioner, Sujeet Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 625.08 litres of liquor from a co‑accused’s house. He argued that his name was mentioned only through the co‑accused’s disclosure and that he had no involvement in the liquor recovery, contending that no prima‑facie case existed against him. The State opposed the bail, highlighting the petitioner’s five prior criminal convictions of a similar nature. The Court examined the applicability of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, which governs anticipatory bail, and considered the petitioner’s criminal antecedents. Concluding that the antecedents warranted denial, the Court rejected the anticipatory bail application but directed that regular bail could be considered if the petitioner surrenders within four weeks. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, given his prior criminal antecedents.
Whether the petitioner’s alleged involvement, based solely on co‑accused’s disclosure, establishes a prima‑facie case for bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

anticipatory bail
criminal antecedents
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 103
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88743 of 2025
                    Arising Out of PS. Case No.-435 Year-2025 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Sujeet Kumar Son of Duranand Yadav @ Durganand Yadav Resident of
                 village - Inarwa, P.S.- Phulparas, District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ratnakar Jha, Adv.
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Phulparas PS Case No. 435 of 2025 instituted for the offences

                   under Sections 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that total 625.08

                   litres of liquor was recovered from the house of the co-accused

                   person.

                           4.       Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of

                   disclosure made by the apprehended co-accused person. Learned

                   counsel further submitted that recovery is made from the house of

                   the co-accused. The petitioner has got no concern with the alleged
           Patna High Court CR. MISC. No.88743 of 2025(2) dt.15-01-2026
                                                       2/2




                     recovery of liquor. Learned counsel for the petitioner, therefore,

                     contends that prima-facie no case is made out against the

                     petitioner. The petitioner has five criminal antecedents. There is no

                     compliance of Section 103 of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.

                              5.     Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner. It is submitted that

                     petitioner bears five criminal antecedents, that too of the similar

                     nature, hence, he may not be enlarged on anticipatory bail.

                              6.     Considering the aforesaid facts and circumstances of

                     the case, since petitioner bears five criminal antecedents, that too

                     of the similar nature, this Court is not inclined to grant anticipatory

                     bail to the petitioner. Prayer for grant of anticipatory bail to the

                     petitioner is hereby rejected.

                              7.     However, if the petitioner surrenders before the court

                     below within a period of four weeks from today and prays for

                     regular bail, the same would be considered by the court below in

                     accordance with law without being prejudiced by the order of this

                     Court.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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