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Patna High Court

Anuj Ram @ Anuj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petitioner's application for regular bail.

Summary

Anuj Ram applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, where 18 litres of illicit liquor were seized from his motorcycle. The prosecution alleged his involvement, while the petitioner contended that no incriminating material was found in his conscious possession and asserted his innocence. He had been in custody since 12 January 2026 and a charge‑sheet had already been filed. The State opposed the bail application. The Patna High Court, considering the nature of the accusation and the period of custody, allowed the bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount to the Exclusive Special Judge (Excise)‑II, Kaimur.

Issues considered

  • Whether regular bail should be granted to the petitioner in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the circumstances of the case, including the seizure of illicit liquor and the period of custody, justify denial of bail

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal procedure
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11328 of 2026
                   Arising Out of PS. Case No.-5 Year-2025 Thana- KUCHILA District- Kaimur (Bhabua)
                 ======================================================
                 Anuj Ram @ Anuj Kumar Son of Bholanath Ram Resident of Village-
                 Madanpura P.S- Jamaniya, Dist- Ghazipur, UP

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aquaib Khan, Advocate
                 For the Opposite Party/s :       Ms. Sharda Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-03-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Kuchila P. S. Case No. 05 of 2025 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. As per prosecution case, 18 liters illicit liquor was

                   recovered from the seized motorcycle of this petitioner.

                                4. Learned counsel for the petitioner submits

                   petitioner is innocent and has committed no offence. No

                   incriminating material has been recovered from conscious

                   possession of the petitioner and he is no way connected with the

                   aforesaid recovery. Petitioner is in custody since 12.01.2026.

                   Charge-sheet has already been submitted.
              Patna High Court CR. MISC. No.11328 of 2026(2) dt.11-03-2026
                                                          2/2




                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation and period of

                        custody, this bail application is allowed. The petitioner, above

                        named, is directed to be released on bail on furnishing bail bond

                        of Rs. 10,000/- (Ten thousand) with two sureties of the like

                        amount each to the satisfaction of the learned Exclusive Special

                        Judge (Excise)-II, Kaimur at Bhabua in connection with Kuchila

                        P. S. Case No. 05 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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