Vishnu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30233 of 2026 Arising Out of PS. Case No.-154 Year-2026 Thana- SULTANGANJ District- Patna ====================================================== 1.
Vishnu Kumar, S/o Ishwari Mahto 2.
Golu Kumar, S/o Naresh Mahto Both are R/o Balu Ghat, P.S.- Sultanganj, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amritanshu Raj, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-05-2026 Heard Mr. Amritanshu Raj, learned counsel appearing on behalf of the petitioners and Mr. Lakshmi Kant Sharma, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Sultanganj P.S. Case No. 154 of 2026 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 57.855 litres of illicit liquor from an e-rikshaw bearing Registration No. BR015V5984.
4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners have been falsely implicated in the present case. Petitioners have no concern with
Patna High Court CR. MISC. No.30233 of 2026(2) dt.13-05-2026 2/3 the alleged seized liquor or with the e-rikshaw, from which the alleged illicit liquor was recovered, nor they are involved in trade of liquor in any manner. General and omnibus allegation has been levelled against the petitioners. Name of the petitioners surfaced merely on the basis of suspicion. On these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf of the parties, as well as, in view of the fact that petitioner no. 1 has been named in the FIR on the basis of suspicion, the petitioner no. 1, above named, is directed to be released on prearrest bail, in the event of his/her arrest or surrender before the learned District Court 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 the learned District Court where the case is pending, in connection with Sultanganj P.S. Case No. 154 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS.
7. So far as petitioner no. 2 is concerned, his complicity in the alleged offence cannot be denied in view of the complex statement made in paragraphs no. 12 and 13 of the
Patna High Court CR. MISC. No.30233 of 2026(2) dt.13-05-2026 3/3 bail application, in which, the petitioner has not disclosed that the e-rikshaw, which was seized, belongs to him, accordingly, I am not inclined to enlarge the petitioner no. 2 on pre-arrest bail.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner no. 1 as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner no. 1 as what has been stated in paragraph no. 3, this order will lose its force automatically.
9. The present bail application is disposed of. (Purnendu Singh, J) Niraj/- U T