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Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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