Patna High Court
AnandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Anand, was arrested as the driver of a vehicle from which 432 litres of illicit foreign liquor were seized, alleged to have violated Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He filed an application for regular bail under Section 105 of the B.N.S.S., claiming innocence, lack of prior criminal record, and that he was unaware of the contraband. The State opposed the bail, arguing the seriousness of the offence. The court examined the facts, noting the short period of custody and the petitioner's clean record, and found no compelling reason to deny bail. Consequently, the court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 105 of the B.N.S.S. in a case involving alleged transport of illicit liquor under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 47
- B.N.S.S. — s. 105
Subjects
- regular bail
- excise offence
- illicit liquor
- Section 105
- Bihar Prohibition and Excise Act
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18881 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Anand S/O Ishwar Kumar @ Ishwar Singh Resident of Village- Sonipat,
Police Station- Nagar, District- Kharkhoda (Haryana).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Siwan (Excise) P.S.
Case No. 114 of 2026 dated 12.02.2026 registered for the
offences punishable under Sections 30(a) and 47 of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, petitioner is alleged to
be driver of the vehicle from which altogether 432 liters of illicit
foreign liquor has been recovered.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. It is further submitted that petitioner is in custody since
13.02.2026 and having no criminal antecedent. Moreover, no
Patna High Court CR. MISC. No.18881 of 2026(2) dt.25-03-2026
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procedure as prescribed under Section 105 of B.N.S.S. has been
followed and the petitioner was not aware that the alleged
consignment was that of illicit liquor.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the case
as well as period of custody, the petitioner above-named, is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Siwan in connection with Siwan (Excise) P.S. Case No. 114 of
2026.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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