Patna High Court
Anshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
Anshu Kumar was arrested in connection with a case alleging that 25.080 litres of illicit foreign liquor were recovered from his scooty. He contended that he was merely the vehicle's owner, had no knowledge of the contraband, and that no liquor was actually seized from the vehicle. The petitioner also highlighted that he was already in judicial custody for five other criminal matters. The State opposed his bail application, invoking the seriousness of the alleged offence under the Bihar Prohibition and Excise Amendment Act, 2022. After considering the submissions, the court granted regular bail on a cash bond of Rs.10,000 with two sureties, imposing several conditions including regular court appearances and cooperation in the trial. The application was therefore allowed, and the petitioner was released on bail subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 despite the nature of the alleged offence and his pending criminal cases.
Subjects
- bail
- prohibition
- excise
- illicit liquor
- regular bail
- criminal procedure
- pending cases
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11410 of 2026
Arising Out of PS. Case No.-142 Year-2023 Thana- SUIYA District- Banka
======================================================
Anshu Kumar S/O Arun Singh R/O Village- Sharepur, P.S- Basudeopur,
Distt.- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey, Advocate
For the Opposite Party/s : Mrs.Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Suiya PS Case
no. 142 of 2023 dated 29-10-2023, registered under Sections
30(a) of the Bihar Prohibition and Excise Amendment Act,
2022.
3. The allegation is of recovery of 25.080 litres of
illicit foreign liquor from scooty of the petitioner bearing
Registration No. BR08Q1472.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that no contraband has been
recovered from the petitioner’s scooty. It is next submitted that
the petitioner is merely the owner of the said scooty and had no
Patna High Court CR. MISC. No.11410 of 2026(2) dt.17-02-2026
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knowledge about the alleged illicit liquor kept in the seized
vehicle. Lastly, it is submitted that five criminal cases are
pending against the petitioner and he has been in judicial
custody since 13-01-2026.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner 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 Special Judge, Exclusive
Excise Court No. 2, Banka, in connection with Suiya PS Case
no. 142 of 2023, subject to the following conditions:(i) that the
petitioner shall co-operate in the trial and shall be properly
represented on each and every date fixed by the Court and on
his absence on two consecutive dates without sufficient reason,
his bail bond shall be cancelled by the court below, (ii) that one
of the bailors will be his own blood relation, preferably father,
mother, brother, sister and or his wife, (iii) that the bailor shall
also state on affidavit that he will inform the court concerned if
the petitioner is made accused in any other case of similar
nature after his release in the present case and thereafter the
Patna High Court CR. MISC. No.11410 of 2026(2) dt.17-02-2026
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court below will be at liberty to initiate the proceeding for
cancellation of bail on ground of misuse (iv) that if the
petitioner tampers with the evidence or the witnesses, in that
case, the prosecution will be at liberty to move for cancellation
of bail and (v) that the petitioner will appear before the SHO of
concerned PS in the first week of each month till conclusion of
the trial.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
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