Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26249 of 2026 Arising Out of PS. Case No.-176 Year-2026 Thana- Excise P.S. District- Lakhisarai ====================================================== Sumit Kumar, S/o Anil Ram, R/o Village - Mano English Ward No.09, PS - Surajgarha, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmanand Pd. Nr. Sahi, Adv.

For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Lakhisarai P.S. Case No. 176C2 of 2026 dated 22.03.2026, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 131 litres of foreign liquor from Mahendra Scorpio bearing Reg. No. JH10BK3490. It is further alleged that the informant along with the police officials raided the place of occurrence and on seeing the police, two persons started to flee away but one person was apprehended, who disclosed his name as Nilesh Kumar and another person succeeded in fleeing away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that nothing has been recovered from the

Patna High Court CR. MISC. No.26249 of 2026(2) dt.22-04-2026 2/2 conscious possession of the petitioner. Only on the basis of disclosure made by the apprehended accused person, namely, Nilesh Kumar, the petitioner has been made accused in this case. It is further submitted that the said illicit liquor has been recovered from Mahendra Scorpio which does not belong to the petitioner. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Lakhisarai P.S. Case No. 176C2 of 2026, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Exclusive Special Excise Court-2, Lakhisarai, subject to condition as laid down under Section 482(2) of B.N.S.S..

(Khatim Reza, J) prabhat/- U T