Patna High Court
Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, finding no case made out against him under the Bihar Prohibition of Excise Act.
Summary
The petitioner, Sujit Kumar, sought anticipatory bail after the police recovered 150 litres of illicit Mahua liquor from a scooty that he had lent to co‑accused Jaj Paswan. The prosecution alleged a violation of Section 30(a) of the Bihar Prohibition of Excise Act, but the petitioner argued that he was not named in the FIR, had no knowledge of the liquor, was not present at the scene, and had no criminal antecedent. The State opposed the bail, contending that the petitioner could not escape liability. The court examined the facts, noted the petitioner’s clean record and lack of direct involvement, and applied its inherent powers under Section 482(2) of the CrPC. It ordered that the petitioner be released on anticipatory bail subject to a bail bond and sureties, and directed surrender within six weeks if arrested. The application was allowed.
Issues considered
- Whether the petitioner can be granted anticipatory bail despite the recovery of illicit liquor under Section 30(a) of the Bihar Prohibition of Excise Act.
- Whether the material on record establishes a case against the petitioner sufficient to deny bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- clean antecedent
- Section 30(a)
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9218 of 2026
Arising Out of PS. Case No.-64 Year-2024 Thana- Geedha District- Bhojpur
======================================================
Sujit Kumar S/o Arun Paswan R/o Village- Jhokhipur, P.S.- Krishnagadh,
District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
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 Gidha P.S. Case No. 64/2024 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 150 liters country made Mahua liquor from the
Scooty in question and co-accused Jaj Paswan apprehended on
the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. The petitioner is not named in the FIR and his name
has been surfaced in this case during course of investigation as
Patna High Court CR. MISC. No.9218 of 2026(2) dt.18-02-2026
2/3
the owner of the said Scooty. The petitioner has given the said
Scooty to co-accused Jaj Paswan in good faith for urgent work
and he has misused the same. The petitioner has no knowledge
that the said Scooty is being used for carrying illicit liquor. The
petitioner bears no criminal antecedent. The petitioner was not
found at the place of occurrence. No incriminating article has
been recovered from the possession of the petitioner. He further
submits that the petitioner is not engaged in any kind of
manufacturing or trade of liquor. The petitioner has no concern
with the seized liquor. Seizure list has not been prepared as per
law. 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 cannot escape from the allegation made in the
FIR.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of petitioner, petitioner
was not found at the place of occurrence, argument advanced on
behalf of both sides and also taking into consideration the
material available on record, the petitioner above-named, in the
Patna High Court CR. MISC. No.9218 of 2026(2) dt.18-02-2026
3/3
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 amount each to the
satisfaction of learned Court of learned Exclusive Special
Excise Court No. 2nd Bhojpur at Ara / Concerned Court in
connection with Gidha P.S. Case No. 64/2024, 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
Checking your session…