Patna High Court
Lerih Saw @ Tinku KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners, subject to a Rs 30,000 bond and conditions under Section 482(2) of the BNSS, 2023.
Summary
The petitioners, Lerih Saw and Raju Kumar, were implicated in a 2022 case (Maner P.S. Case No.473) for allegedly possessing 517 litres of illicit liquor, an offence under Section 30(a) of the Bihar Excise & Prohibition Act, 2016. They claimed innocence, arguing that the seized liquor was recovered from a hotel, not from their possession, and that they fled the scene. The State opposed their bail, but the petitioners sought anticipatory bail fearing arrest. The Patna High Court, after hearing both sides, granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs 30,000 each under Section 2(1)(d) of the Bihar Non‑Bailable Substitution (BNSS) Act, 2023, subject to conditions under Section 482(2) of the same Act. The order is effective for four weeks from the date of the order, pending surrender or arrest before the Special Judge Excise, Danapur.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the BNSS, 2023 in a case of alleged illicit liquor possession under the Bihar Excise & Prohibition Act, 2016.
Subjects
- anticipatory bail
- illicit liquor
- Bihar Excise Act
- BNSS 2023
- Section 30
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15848 of 2026
Arising Out of PS. Case No.-473 Year-2022 Thana- MANER District- Patna
======================================================
1. Lerih Saw @ Tinku Kumar S/o Siraram Saw R/o Village / Mohalla - Maner
Bazar, P.S - Maner, District - Patna
2. Raju Kumar S/o Raghunath Saw R/o Village / Mohalla - Sundernager, P.S -
Maner, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Kumar, Adv.
For the Opposite Party/s : Mr.Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard Learned Counsel for the petitioners and
Learned APP for the State.
2. The petitioners are apprehending arrest in
connection with Maner P.S. Case No.473 of 2022 lodged on
10.07.2022, for the offences punishable under Section 30(a) of
the Bihar Excise & Prohibition Act, 2016.
3. As per the prosecution, the recovery of total 517
liters of illicit liquor have been alleged to be made, which is
subject matter of the present case.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel also submits that the said recovery has been recovered
Patna High Court CR. MISC. No.15848 of 2026(2) dt.25-03-2026
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from hotel and not from the petitioner’s possession. He further
submits that from the FIR, it has been alleged that the
petitioners were fled away from the spot.
5. Counsel submits that the criminal antecedent of the
petitioners is clean.
6. Learned APP for the State opposes the prayer for
bail of the petitioners.
7. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Special Judge Excise, Danapur, Patna, in
connection with Maner P.S. Case No.473 of 2022, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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