Patna High Court
Anuj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to bond and conditions.
Summary
The petitioners, Anuj Kumar and Arvind Kumar, were arrested after a police raid recovered 145 litres of illicit country-made mahua liquor and gas cylinders from Anuj's house. They applied for bail, claiming innocence, alleging that the recovery was vague, the house was jointly owned, and there were no independent witnesses to the seizure. The State opposed the bail, asserting the legality of the seizure under the Bihar Prohibition and Excise Act. The court considered the nature of the recovery, the length of custody since 31‑12‑2025, and the petitioners' antecedents, noting that one petitioner had prior cases while the other had a clean record. Finding the circumstances sufficient to justify release, the court granted bail with a bond of Rs.10,000 each, two sureties, and conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act
- Whether the seizure and recovery of liquor were lawful and sufficient to deny bail
- Whether the length of pre‑trial custody and the petitioners' antecedents warrant bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(c)
- BNSS — s. 480(3)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30
- Section 480(3)
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10555 of 2026
Arising Out of PS. Case No.-385 Year-2025 Thana- HASPURA District- Aurangabad
======================================================
1. Anuj Kumar, S/o Late Bhuneshwar Chaudhary, R/o Village - Dhusri, P.S -
Haspura, District - Aurangabad
2. Arvind Kumar, S/o Murari Chaudhari, R/o Village - Ramanpur, P.S -
Tankuppa, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aman Vishal, Advocate
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Haspura P.S. Case No. 385 of 2025, registered
for the offences under Sections 30 (a)/30(c) of Bihar Prohibition
and Excise Act.
3. As per prosecution case, police received
information about the petitioners manufacturing and selling
illicit country made liquor from the house of petitioner no.1. A
raid was conducted and both the petitioners were apprehended.
From the search of house of the petitioner no.1, recovery of 145
litres of country made mahua liquor was made apart from two
Patna High Court CR. MISC. No.10555 of 2026(2) dt.17-02-2026
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gas cylinders.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. The recovery shown from the petitioners is suspect. The
recovery has been shown in vague term in the house of the
petitioner no.1. Moreover, it is a joint house of petitioner no.1.
On the other hand, the petitioner no. 2 is cousin of petitioner
no.1, who had been visiting the petitioner no.1 on the fateful day
and was implicated in the present case. There is no independent
witness to the search and seizure. The petitioner no. 2 is having
clean antecedent, whereas the petitioner no.1 is having
antecedent of two cases. The petitioners are in custody since
31.12.2025.
5. Learned A.P.P. vehemently opposes the submission
made on behalf of the petitioners.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of recovery and the period of custody of the petitioners,
they are directed to be released on bail, on furnishing bail bonds
of Rs.10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of learned
Special Judge, Excise Court No.2, Aurangabad/concerned court,
Patna High Court CR. MISC. No.10555 of 2026(2) dt.17-02-2026
3/3
in connection with Haspura P.S. Case No. 385/2025, subject to
the conditions mentioned in Section 480 (3) of BNSS and also
the following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the below, if
so required by the learned trial court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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