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Patna High Court

Kanhaiya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.21787 of 2026(2) dt.08-04-2026
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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
             Patna High Court CR. MISC. No.21787 of 2026(2) dt.08-04-2026
                                                         3/3




                       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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