Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court allowed the petition for anticipatory bail, finding insufficient material to justify its denial.
Summary
The petitioner, Saurav Kumar, sought anticipatory bail after being named in an FIR alleging that 110.625 litres of foreign liquor were recovered from a Swift Dezire car in Runnisaidpur, under Section 30(a) of the Bihar Prohibition of Excise Act. The prosecution alleged his involvement based on local witnesses, but the petitioner argued that he was neither the owner nor driver of the car, no liquor was recovered from his premises, and there was no material linking him to the offence. He also highlighted a prior criminal case for which he was on bail, but asserted innocence in the present matter. The State opposed the bail, contending that the petitioner was a named accused and could not evade the FIR. The Court, after considering the lack of direct evidence and the petitioner’s willingness to surrender within six weeks, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, invoking its inherent powers under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioner can be granted anticipatory bail despite being named in the FIR under Section 30(a) of the Bihar Prohibition of Excise Act
- Whether the material on record is sufficient to deny anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- foreign liquor
- Bihar Prohibition of Excise Act
- Section 30(a)
- Section 482
- Criminal Procedure Code
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9173 of 2026
Arising Out of PS. Case No.-426 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Saurav Kumar Son of Late Vinod Singh R/o Village - Baradih, P.S. -
Runnisaidpur, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh
For the Opposite Party/s : Mr. Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Runnisaidpur P.S. Case No. 426/2025
registered for the offences punishable under Section 30(a) of
the Bihar Prohibition of Excise Act.
3. As per prosecution case, there is alleged
recovery of 110.625 liters foreign liquor from the Swift Dezire
car in question and local people disclosed the name of the
petitioner and others who fled away from the place of
occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. The name of local people has not been disclosed,
Patna High Court CR. MISC. No.9173 of 2026(2) dt.18-02-2026
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which questions the authenticity of the FIR. Except disclosure
of local people, there is nothing on record to demonstrate the
complicity of the present petitioner with the alleged occurrence.
The petitioner bears one criminal antecedent in which he is on
bail. The petitioner was not found at the place of occurrence.
Nothing has been recovered from the house of the petitioner.
The petitioner is neither the owner nor the driver of the said car.
The petitioner has no concern with the seized liquor. In the light
of the aforesaid facts and circumstances of the case, no case is
made out against the petitioner under the provision of Bihar
Prohibition of Excise Act.
5. The learned A.P.P. for the State opposed the
prayer for anticipatory bail of the petitioner and submitted that
the petitioner is FIR named accused and he cannot escape from
the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, argument advanced on behalf of both sides and also taking
into consideration the material available on record, the
petitioner above-named, in the event of his 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) with two sureties of the like
Patna High Court CR. MISC. No.9173 of 2026(2) dt.18-02-2026
3/3
amount each to the satisfaction of learned Court of learned
Exclusive Special Excise Court No. 1, Sitamarhi in connection
with Runnisaidpur P.S. Case No. 426/2025, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
amitkumar/-
U T
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