Patna High Court
Anshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Anshu Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 173.7 liters of foreign liquor recovered from an open area behind his house. He claimed innocence, arguing that the liquor was found in a public place and that he was implicated due to village politics, and that no incriminating material was found in his conscious possession. The State opposed bail, while the petitioner highlighted his custody since 11-12-2025, a prior criminal antecedent, and the alleged non‑compliance of Section 103 of the BNSS, 2023. The court, after considering the facts and the period of custody, decided to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
- Whether the alleged non‑compliance of Section 103 of the BNSS, 2023, warrants denial of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- foreign liquor
- Section 30(a)
- Section 103
- criminal procedure
- custody
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1045 of 2026
Arising Out of PS. Case No.-417 Year-2025 Thana- EXCISE MAHARAJGANJ District-
Siwan
======================================================
Anshu Kumar Son of Raju Singh Resident of Village- Bhikhampur, P.S.-
Bhagwanpur Hat, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
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
Maharajganj PS Case No. 417 of 2025 instituted for the offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 173.7 liters of
foreign liquor was recovered from behind the house of the
petitioner.
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. Learned counsel
Patna High Court CR. MISC. No.1045 of 2026(2) dt.19-01-2026
2/2
for the petitioner submits that the recovery has been made from
an open place which is accessible to one and all and petitioner
was implicated in this case on the disclosure made by the local
chowkidar due to village politics. The petitioner is in custody
since 11.12.2025 and has got one criminal antecedent. There is
no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Maharajganj PS Case No. 417 of
2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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