Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the basis of clean antecedent, lack of conscious possession, and procedural non‑compliance by the police.
Summary
Anil Kumar was arrested on 27 November 2025 in connection with a case involving the recovery of 92.25 litres of illicit foreign liquor and a mobile phone from a train. The petitioner claimed he had no conscious possession of the liquor, had a clean antecedent, and was falsely implicated, asserting that the police had not complied with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, but the court noted the lack of evidence of possession, the petitioner’s clean record, and the procedural lapses. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and no tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of illicit liquor and a mobile phone.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants bail.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify release on bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- prohibition and excise
- false implication
- clean antecedent
- procedural lapse
- Section 103
- Section 105
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16116 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- CHAPRA RAIL P.S. District- Saran
======================================================
Anil Kumar S/O Suresh Paswan R/O Village- Shahkund Ward No.- 11 P.S-
Shahkund, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chetna, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Ms. Chetna, learned counsel for the
petitioner and Mr. Shyam Bihari Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
27.11.2025 in connection with Chapra (Rail) @ Rail P.S.
Chapra @ Chapra G.R.P.S. Case No. 239 of 2025, F.I.R. dated
27.11.2025 for the offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 92.25 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. She further submits that as
Patna High Court CR. MISC. No.16116 of 2026(2) dt.12-03-2026
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per the F.I.R. 92.25 liters of foreign liquor and one mobile
phone has been recovered from the conscious possession of the
petitioner. She further submits that in fact, the petitioner was
travelling in train in question and the illicit liquor was recovered
from the train in question but the petitioner was falsely been
implicated in the present case showing recovery has been made
from the petitioner. She further submits that there is non-
compliance of Section 103/105 of the BNSS, 2023. She further
submits that the police after investigation submitted charge
sheet against the petitioner and the petitioner is in custody since
27.11.2025.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, nothing has been
recovered from the conscious possession of the petitioner and
there is non-compliance of Section 103/105 of the BNSS, 2023,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Court No.-03, Saran (Chapra) in connection with
Chapra (Rail) @ Rail P.S. Chapra @ Chapra G.R.P.S. Case No.
Patna High Court CR. MISC. No.16116 of 2026(2) dt.12-03-2026
3/3
239 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed 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. 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.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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