Patna High Court
Abhay Kumar @ Ajay Kumar @ Abhay Kunwar @ Ajay KunwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
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
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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
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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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