Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under the B.N.S.S., 2023.
Summary
Kanhaiya Kumar was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for possession of 90 litres of illicit liquor, although no liquor was found in his direct possession and he only owned the motorcycle used by co‑accused. He applied for anticipatory bail, asserting innocence, clean antecedents, and that the motorcycle was taken by co‑accused in good faith. The State opposed the bail. The High Court granted anticipatory bail, directing the petitioner to furnish a Rs 30,000 bail bond under Section 2(1)(d) of the Bihar Narcotic Substances (Suppression) Act, 2023 and comply with conditions under Section 482(2) of the same Act. The trial court was instructed to verify the petitioner’s criminal antecedents and cancel the bail if any concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in an excise case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether ownership of the seized motorcycle, without possession of the illicit liquor, justifies denial of bail.
- Whether the petitioner’s clean antecedent and lack of direct involvement warrant bail under the B.N.S.S., 2023.
Subjects
- anticipatory bail
- excise offence
- illicit liquor
- Section 30(a)
- clean antecedent
- bail bond
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21787 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- MOTIPUR District- Muzaffarpur
======================================================
Kanhaiya Kumar S/o Dev Narayan Sahani Resident of village -Gehuachak,
P.S.- Motipur, Distt- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, 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 Motipur P.S. Case No. 36 of 2026 lodged on 31.01.2026,
for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
three named accused persons including the present petitioner
and owner of motorcycle. Total recovery of 90 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
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submits that nothing has been recovered from the conscious
possession of the petitioner and his name was disclosed by the
apprehended accused person. Counsel submits that the petitioner
is the owner of the alleged seized motorcycle which was taken
away by the co-accused in good faith for necessary work. He
submits that the petitioner has no concern with the alleged
seized liquor. He further submits that the petitioner has clean
antecedent and he is ready to fulfill all the conditions
whatsoever shall be imposed upon him.
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 Judge Excise-II, Muzaffarpur, in connection with
Motipur P.S. Case No. 36 of 2026, subject to the conditions as
laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
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stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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