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Patna High Court

Anuj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Anuj Kumar, was arrested on 3 March 2026 in connection with the seizure of 303.12 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, a clean criminal record, and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court considered the facts, the petitioner's lack of antecedents, and the conditions proposed, and decided to grant bail subject to a cash bond, two sureties, a charitable donation, and regular police station attendance. The order also directed verification of the petitioner's antecedent before final acceptance of the bail bonds. The Court clarified that its observations are limited to the bail application and do not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in a case involving possession of illicit liquor

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • criminal procedure
  • surety
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23892 of 2026
                        Arising Out of PS. Case No.-79 Year-2026 Thana- DAUDPUR District- Saran
                 ======================================================
                 Anuj Kumar S/o- Vijay Ray R/v- Beldari Ps- Daudpur Dist- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kumar Binode Bariar
                 For the Opposite Party/s :       Mr.Narsingh Tanti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   20-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Daudpur P.S. Case No. 79 of 2026 registered for the offence

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                 3. The recovery is of 303.12 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 03.03.2026. He

                   further submits that the petitioner has no criminal antecedent.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                 6. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.
Patna High Court CR. MISC. No.23892 of 2026(2) dt.20-04-2026
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                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on 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 concerned

          Court below in connection with Daudpur P.S. Case No. 79 of

          2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashram, Latu Maharaj Path, Chhapra and

          produce the receipt of the same before the Court below. The bail

          bonds of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                          9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Daudpur Police Station on first and third Sunday of each month.

          Any default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                          10. As the petitioner claims to have clean

          antecedent, the Court below, before accepting the bail bonds of

          the petitioner is directed to verify the antecedent of the

          petitioner. If the petitioner is found to be involved in any other
          Patna High Court CR. MISC. No.23892 of 2026(2) dt.20-04-2026
                                                      3/3




                    case then the bail bonds of the petitioner shall not be accepted.

                                    11. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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