Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Anil Kumar, was arrested after 107.5 litres of liquor were recovered from his residence in Sheikhpura and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of incriminating material in his personal possession, and that the liquor was found in a joint family house. The petitioner also argued that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and highlighted his clean criminal record and the length of his pre‑trial custody since 11‑01‑2026. The State opposed the bail application. Considering the facts, the court found no compelling reason to keep the petitioner detained and ordered his release on bail with a bond of Rs. 15,000 and two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- prohibition act
- Section 30(a)
- Section 103
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12521 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- Excise P.S. District- Sheikhpura
======================================================
Anil Kumar S/O Sumitra Nandan Prasad resident of Mohallaa- Sakaldeo
Nagar, P.S- Mission, Dist - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sheikhpura Excise P.S. Case No. 19 of 2026, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 107.500 liters
liquor was recovered from the house of the petitioner and he
was arrested on spot.
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
Patna High Court CR. MISC. No.12521 of 2026(2) dt.24-02-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the alleged recovery has
been made from joint house of the petitioner where other family
members also reside. The petitioner is in custody since
11.01.2026 and has got no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sheikhpura Excise
P.S. Case No. 19 of 2026.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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