Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8281 of 2026 Arising Out of PS. Case No.-964 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Sujeet Kumar, S/o Dular Singh, Resident of Village- Bhabua, Ward no- 19, Moh Gavai, P.S.- Bhabua, District- Kaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Pratap Singh, Advocate Ms. Anju Kumari Sinha, Advocate For the Opposite Party/s :
Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 21-05-2026 Heard the learned counsel for the petitioner and the learned A.P.P. for the State through virtual mode.
2. The petitioner is apprehending his/her arrest in connection with Bhabhua P.S. Case No. 964 of 2025 registered for the offence(s) under Section(s) 30(a) of the of the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case, the police received secret information that liquor is being sold from the house of the person, namely, Amarjit Patel. Thereafter, a raid was conducted
2/4 and two persons were apprehended and one person managed to escape. The apprehended two persons disclosed their names as Amarjit Patel and Rakesh Kumar and they also disclosed that the third person, who managed to escape, was Sujeet Kumar (petitioner). On search, total 68.805 litres of English liquor was recovered from the cupboard of the bedroom and store room beside the house and Rs. 2030/- in cash.
4. The learned counsel for the petitioner submits that the petitioner is the own brother of the two apprehended accused persons and they all live in a joint family and he has been implicated in this case merely on suspicion. It has further been submitted that there is no recovery from the conscious possession of the petitioner and, in fact, the house from where the recovery has been made is a joint property. It has lastly been submitted that the petitioner has clean antecedent.
6. The learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
7. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above-named, be released on anticipatory bail, in the event of his/her arrest or surrender before the concerned
3/4 Court/successor Court within a period of four weeks from today, on his/her furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court/successor Court where the case is pending in connection with Bhabhua P.S. Case No. 964 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 read with corresponding Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the following conditions :
(i) One of the bailors of the petitioner shall be his/her close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation. (iii) In case of absence for two consecutive occasions or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the concerned Court.
(iv) The concerned Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that he/she has concealed his/her criminal antecedents, the Court concerned shall take necessary steps for cancellation of his/her bail bond. 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. It is made clear that the observations, if any, made
4/4 in this order, shall be of no bearing during the trial.
9. The application stands allowed.
(Sourendra Pandey, J) krishna/swetaU T