Patna High Court
Anil Kumar @ Anil Sahani @ Anil Sahin @ TinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under the Bihar Narcotic Substances (Suppression) Act, 2023.
Summary
The petitioner, Anil Kumar, was named in an FIR for alleged possession of 7 litres of country-made liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He claimed innocence, stating that nothing was recovered from his conscious possession and that his inclusion in the case was merely on suspicion, with a clean antecedent. The State opposed his prayer for anticipatory bail. The High Court, after hearing both sides, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.30,000 under Section 2(1)(d) of the Bihar Narcotic Substances (Suppression) Act, 2023 and subject to conditions under Section 482(2) of the same Act. The trial court was instructed to verify the petitioner’s criminal antecedents and cancel the bail if any concealment is discovered. The order effectively releases the petitioner on anticipatory bail pending any arrest within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR.
- Whether the allegations under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 justify denial of bail.
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- bail bond
- Section 482 CrPC
- criminal procedure
- liquor possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15738 of 2026
Arising Out of PS. Case No.-356 Year-2025 Thana- UJIYARPUR District- Samastipur
======================================================
Anil Kumar @ Anil Sahani @ Anil Sahin @ Tinha Son of Ramchandra
Sahani @ Ram Chandra Sahni R/o Village - Pataili West, P.S. - Ujiarpur,
Distt. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pintu Kumar Patel, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Ujiarpur P.S. Case No. 356 of 2025 lodged on 21.12.2025,
for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
three named accused persons including the present petitioners.
The recovery of 7 litres of country made liquor has been made,
which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
possession of the petitioner. Counsel submits that the name of
the petitioner has figured in this case only on suspicion. Counsel
Patna High Court CR. MISC. No.15738 of 2026(2) dt.25-03-2026
2/2
further submits that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive
Special Excise Court 1st, Samastipur, in connection with
Ujiarpur P.S. Case No. 356 of 2025, subject to the conditions as
laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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