Patna High Court
Anil RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted subject to a Rs.10,000 bond with two sureties, a Rs.25,000 charitable deposit, and verification of the petitioner’s criminal antecedents.
Summary
Anil Rajbanshi was arrested in Nawada for possession of 54 litres of illicit liquor, alleged to have violated Sections 111 and 317(4) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 20‑02‑2026 and claimed innocence, asserting a clean record except for one prior case. The petitioner offered to donate Rs.25,000 to a charitable institution and sought bail, while the State opposed the application. The High Court, after considering the submissions, granted bail on the condition of a Rs.10,000 bond with two sureties, a mandatory deposit of Rs.25,000 to Ramakrishna Math, and verification of any other criminal antecedents. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act.
- Whether the conditions imposed – bond, sureties, charitable donation, and antecedent verification – are lawful and appropriate.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 111, 317(4)
Subjects
- bail
- illicit liquor
- prohibition
- excise
- criminal procedure
- surety
- charitable donation
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20015 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- THALI District- Nawada
======================================================
Anil Rajbanshi Son of Arjun Rajbanshi Resident of Village- Jobkala, P.S.-
Rajauli, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar, Advocate
For the State : Mr.Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Thali
P.S. Case No. 37 of 2026 registered for the offence under
Sections 111 and 317(4) of the Bharatiya Nyaya Sanhita and
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The recovery is of 54 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 20.02.2026. He
further submits that the petitioner has clean antecedents.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
Patna High Court CR. MISC. No.20015 of 2026(2) dt.01-04-2026
2/3
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Court-I, Nawada/ concerned Court below in
connection with Thali P.S. Case No. 37 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.
Gurua, Dist. Gayaji, Bihar and produce the receipt of the same
before the Court below. The bail bonds of the petitioner shall be
accepted after verifying the genuineness of the receipt produced
by the petitioner.
9. As the petitioner, except the present case, claims to
have only one criminal antecedent i.e., Akbarpur P.S. Case No.
344 of 2025, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case except Akbarpur P.S. Case No. 344 of 2025 and the present
Patna High Court CR. MISC. No.20015 of 2026(2) dt.01-04-2026
3/3
case then his bail bonds shall not be accepted.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…