Patna High Court
Anuj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to petitioner‑1 but denied to petitioner‑2.
Summary
Petitioners Anuj Kumar and Jairam Chaudhary were named accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 48 litres of illicit liquor seized from two motorcycles. The petitioners contended that no incriminating material was found in their conscious possession, that they were neither drivers nor owners of the vehicles, and that petitioner‑1 had a clean antecedent. The State opposed the bail, highlighting that petitioner‑2 had two prior convictions of a similar nature. The Court, after considering the clean record and lack of direct involvement of petitioner‑1, granted anticipatory bail to him subject to a bail‑bond and sureties, while refusing anticipatory bail to petitioner‑2 on account of his criminal antecedents. The order was made under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted when the accused is not in possession of the contraband alleged under the Bihar Prohibition and Excise Act
- Whether prior criminal antecedents of a similar nature justify the refusal of anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21980 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- KUTUMBA District- Aurangabad
======================================================
1. Anuj Kumar S/o or C/o Sudarshan Mehta @ Kamlesh Mehta R/o Village -
Shivpur, P.S - Nabinagar, District - Aurangabad
2. Jairam Chaudhary S/o Late Manoj Chaudhary R/o Village - Shivpur, P.S -
Nabinagar, District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in Kutumba P. S. Case
No. 20 of 2026 registered for the offence punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, total 48 litres illicit liquor
was recovered from two different seized motorcycles.
4. Learned counsel for the petitioners submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioners are neither drivers nor
owners of the vehicle in question and they have got no concern
with the alleged recovery. Petitioners have been made accused
Patna High Court CR. MISC. No.21980 of 2026(2) dt.15-04-2026
2/2
in this case only on suspicion. Petitioner no. 1 claims clean
antecedent.
5. Learned A.P.P. for the State opposed the bail
application and submitted that petitioner no. 2 has got two
criminal antecedents of similar nature.
6. Considering criminal antecedents of similar nature,
prayer for anticipatory bail of petitioner no. 2 is refused.
7. Considering nature of accusation and clean
antecedent, this anticipatory bail is allowed with regard to
petitioner no. 1 and it is ordered that let the above named
petitioner no. 1 in the event of his arrest/surrender before the
court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned District & Additional Sessions Judge-
cum-Exclusive Special Judge, Excise Court No. 1, Aurangabad
in connection with Kutumba P. S. Case No. 20 of 2026, subject
to condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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