Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11388 of 2026 Arising Out of PS. Case No.-23 Year-2026 Thana- AGAMKUAN District- Patna ====================================================== Sushil Kumar Son of Chandra Shekhar Singh R/o - Khaspur, P.S. - Didarganj, Dist. - Patna, Bihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rananjay Kumar For the Opposite Party/s:

Mrs.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-02-2026 Heard learned counsel for the parties.

2. The petitioner is apprehending his arrest in connection with Agamkuan P.S. Case No.23 of 2026, F.I.R dated 07.01.2026 registered for the offences punishable under Sections 30(a), 32(3), 41 of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, a total of 3948.480 litres of foreign liquor is said to have been recovered from a truck bearing Registration No. HP-20 E-7115. Four persons were apprehended at the spot, and they disclosed the name of the petitioner during interrogation. One motorcycle and other articles were also recovered from the place of recovery.

4. Learned counsel for the petitioner submits that the recovery has been made from a truck, and the mobile number allegedly used in connection with the seized liquor does not belong to the petitioner. It is further submitted that the name of the petitioner has transpired solely on the basis of the statement

Patna High Court CR. MISC. No.11388 of 2026(2) dt.17-02-2026 2/2 made by the co-accused who were apprehended at the spot. The petitioner has no concern with the seized liquor or the vehicle in question. Lastly, it is submitted that the petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and / or vehicle belonging to the petitioner, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City in connection with Agamkuan P.S. Case No.23 of 2026 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023. (Ajit Kumar, J) shikha/- U T