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Patna High Court

Abhay Kumar @ Ajay Kumar @ Abhay Kunwar @ Ajay KunwarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Abhay Kumar, feared arrest in a case (Kesaria P.S. Case No. 299 of 2021) involving alleged illegal liquor possession under Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act, where 276.48 litres of illicit liquor was recovered. He contended that he had no possession of the liquor, that the recovery was from a hut, and that his accusation stemmed solely from a local chowkidar’s disclosure, asserting his innocence and that he was effectively a victim. The State opposed his bail application. The Court considered the facts, the petitioner’s clean antecedent, and the statutory provisions governing anticipatory bail. It granted anticipatory bail, subject to a Rs.30,000 bond, a family bailor, and strict compliance with appearance conditions, invoking Sections 2(1)(d) and 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act and the B.N.S.S., 2023.
  • Whether the petitioner’s alleged involvement in the illicit liquor case warrants pre‑emptive release.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 30(a)
  • Section 32
  • Section 41(i)
  • B.N.S.S. 2023
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21763 of 2026
                   Arising Out of PS. Case No.-299 Year-2021 Thana- KESARIA District- East Champaran
                 ======================================================
                 Abhay Kumar @ Ajay Kumar @ Abhay Kunwar @ Ajay Kunwar Son of Late
                 Indrajeet Kunwar Resident of Village- Dilawarpur, Ward No. 09, P.S.-
                 Kesaria, District- East Champaran at Motihari

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Kesaria P.S. Case No. 299 of 2021 lodged on 01.09.2021,

                   for the offence punishable under Sections 30(a), 32 & 41(i) of

                   the Bihar Prohibition and Excise Act.

                                3. As per the prosecution, FIR has been lodged against

                   five named accused persons including the present petitioner.

                   Total recovery of 276.480 litres of illicit liquor has been made,

                   which is the subject matter of the present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   submits that when the present case was lodged, the criminal
Patna High Court CR. MISC. No.21763 of 2026(2) dt.08-04-2026
                                            2/3




          antecedent of the petitioner was clean, but subsequently, the

          petitioner was made accused in another case in the year 2022,

          about which he has fairly informed. Counsel submits that in this

          case, the petitioner is basically the victim and nothing has been

          recovered from his conscious possession, rather, the alleged

          recovery has been made from a hut. Counsel submits that the

          petitioner has been made accused in this case only on the

          disclosure made by local chowkidar.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. In the present facts and circumstances of this case,

          let the above named petitioner be released on anticipatory bail,

          in the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

          2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive

          Special, Excise Court No.3, East Champaran, Motihari, in

          connection with Kesaria P.S. Case No. 299 of 2021, subject to

          the conditions as laid down U/s 482(2) of the B.N.S.S., 2023

          with further conditions:-

                       (i) one of the bailors should be the family member of

          the petitioner who shall provide official document to show
             Patna High Court CR. MISC. No.21763 of 2026(2) dt.08-04-2026
                                                         3/3




                       his/her bona fide;

                                    (ii) the petitioner shall appear before the Trial Court

                       on each and every scheduled date, and failure to do so for two

                       consecutive dates without any plausible reason/explanation shall

                       be resulted into cancellation of his bail bonds by the Trial Court

                       itself;



                                                                     (Dr. Anshuman, J)
Divyansh/-

U      T


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