Patna High Court

Anesh KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to bond and surety conditions.

Summary

Anesh Kumar was arrested in connection with an excise case where 216 litres of liquor were recovered from a vehicle. He claimed he was merely a passenger, had no knowledge of the liquor, and that no incriminating material was found on him. The petitioner had four prior criminal antecedents and had been in custody since 24‑10‑2025, with the prosecution alleging violations of Sections 30(a), 32(3) and 41 of the Bihar Prohibition and Excise Act. The State opposed bail, but the court noted non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the length of custody, and therefore granted bail subject to a Rs.15,000 bond, two sureties (one a close family member), and mandatory appearance at trial.

Issues considered

Whether bail should be granted to the petitioner despite prior criminal antecedents and the nature of the offences under the Bihar Prohibition and Excise Act.
Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with.
Whether the petitioner’s claim of lack of knowledge and absence of incriminating material warrants bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
criminal antecedents
surety
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2291 of 2026
                    Arising Out of PS. Case No.-124 Year-2025 Thana- EXCISE SONPUR District- Saran
                 ======================================================
                 Anesh Kumar S/o Kameshwar Das Resident of Village- Inai, P.S.- Revilganj,
                 Distt.- Saran at Chapra
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar, Advocate
                 For the Opposite Party/s :       Mr.Veena Kumari Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sonepur Excise P.S. Case No. 124 of 2025, instituted for the

                   offences punishable under Sections 30(a), 32(3) and 41 of the

                   Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 216

                   liters liquor was recovered from car.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner

                   was found sitting in the vehicle and he has no knowledge about

                   goods loaded on the vehicle. The petitioner is in custody since
           Patna High Court CR. MISC. No.2291 of 2026(2) dt.19-01-2026
                                                       2/2




                     24.10.2025 and has got four criminal antecedents. There is no

                     compliance of Section 103 of the Bharatiya Nagarik Suraksha

                     Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sonepur Excise P.S.

                     Case No. 124 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…