Patna High Court
Sushant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner on a bond of Rs. 10,000 with two sureties, subject to specified conditions.
Summary
The petitioner, Sushant Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged involvement in the recovery of 240.3 litres of liquor from behind a temple. He claimed he was falsely implicated, had no possession of the liquor, and was not apprehended at the scene, though he has one prior criminal record and has been in custody since 14‑10‑2025. The petitioner offered to deposit Rs. 2,500 with the Advocate Association and sought bail, while the State opposed the application. The court considered the length of custody, the nature of the offence, and the petitioner’s antecedents, and decided to grant bail on a bond of Rs. 10,000 with two sureties, imposing conditions such as presence in court, specific bailors, and possible cancellation for future similar offences. The bail order was issued, stating that any observations in the order would not affect the trial.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the nature of the offence and his criminal antecedent?
- Whether the petitioner’s custody since 14‑10‑2025 warrants bail on humanitarian or procedural grounds?
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- court conditions
- Section 30(a)
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89565 of 2025
Arising Out of PS. Case No.-285 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Sushant Kumar Son of Bico Yadav @ Viveka yadav Resident Of Village-
Raghunathpur, PS- Sahebpur Kamal, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajkumar Rajesh, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 07-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with S. Kamal P.S. Case No. 285 of 2025
registered for the offence(s) punishable under Section(s)
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, a total of 240.3
litres of liquor was recovered from behind the Kurha Durga
Temple. On the basis of disclosure made by the villagers,
the petitioner’s name surfaced as being involved in the
business of liquor.
4. The learned counsel for the petitioner submits
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that the petitioner has been falsely implicated in the present
case and has no concern whatsoever with the recovered
liquor. It has further been submitted that the petitioner was
neither apprehended at the place of occurrence nor was any
incriminating article recovered from his conscious
possession. The learned counsel lastly submits that the
petitioner has one criminal antecedent and he is in custody
since 14.10.2025.
5. The petitioner is willing and undertakes to
deposit a sum of Rs. 2,500/- with the Advocate Association,
Patna High Court.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 14.10.2025, let the petitioner,
above named, 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 court below
where the case is pending/successor court in connection S.
Kamal P.S. Case No. 285 of 2025, subject to the following
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conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the court
concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any stage
it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation
of bail bond of the petitioner. 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. The bail bond of the petitioner shall be accepted
by the learned Trial Court on showing receipt of deposit of
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aforesaid amount with the Advocate Association, Patna
High Court.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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