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Patna High Court

Anil RajbanshiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                        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


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