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Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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