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Patna High Court

Anshu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                       3/3




                     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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