Patna High Court
CR. MISC./51106/2026 of Sujit Kumar @ Sujit Kumar Sah Vs The State of Bihar on 29 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51106 of 2026 Arising Out of PS. Case No.-87 Year-2026 Thana- CHERIYA BARIYARPUR District- Begusarai ====================================================== Sujit Kumar @ Sujit Kumar Sah Son of Upendra Sah R/O Vill- Khanjahanpur Ward No.07,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51106 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- CHERIYA BARIYARPUR District- Begusarai ======================================================
Sujit Kumar @ Sujit Kumar Sah Son of Upendra Sah R/O Vill- Khanjahanpur Ward No.07, P.S.- Cheriya Bariyarpur, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Yogesh Kumar, Adv.
For the Opposite Party/s :
Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
29-07-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Bariyarpur P.S. Case No. 87 of 2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Acting on a tip-off regarding storage and sale of illicit wine, the police conducted raid in a poultry farm. However, noticing the police party, out of four persons, one succeeded in fleeing away and three persons were apprehended. The apprehended persons disclosed the name of the petitioner. In course of search, 25.200 liters of Indian-made foreign liquor was recovered.
Patna High Court CR. MISC. No.51106 of 2026(2) dt.29-07-2026
4. Learned Advocate for the petitioner submits that save and except the disclosure made by the apprehended person, there is no material which suggests the complicity of the petitioner in crime. The petitioner is neither owner of the alleged poultry farm nor has any concern with the recovered illicit wine. The witnesses to the search and seizure are none else but the police personnels. Besides, at the time of effecting seizure, no videography was conducted, and as such, there is complete defiance of Sections 103 and 105 of the BNSS. The petitioner carries fair antecedent and he undertakes that he will fully co- operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that save and except the disclosure made by the apprehended person, there is no material suggesting the complicity of the petitioner. Besides defiance of statutory prescriptions of the BNSS, as also the petitioner is carrying fair antecedent and there is lack of materials, which attracts the rigors to maintain the anticipatory bail, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a Patna High Court CR. MISC. No.51106 of 2026(2) dt.29-07-2026
period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge 1st, Begusarai in connection with Bariyarpur P.S. Case No. 87 of 2026 , subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
shivank/- (Harish Kumar, J) U T