Saurav Kumar v. The State Of Bihar

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 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 2/3 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