Patna High Court
Anil Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court confirmed the provisional bail previously granted to the petitioner.
Summary
The petitioner, Anil Kumar Singh, was arrested after 467.640 litres of illicit liquor were recovered from his vehicle in Muzaffarpur. He applied for bail, claiming innocence and stating he is not an accused in any other excise case. The State opposed bail, citing the seriousness of the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The Excise Superintendent informed the court that the actual owners of the liquor were named in the FIR but omitted due to a clerical error, and that investigation was ongoing. Considering the submissions and the provisional bail previously granted on 09.04.2026, the court confirmed the bail with the same terms and conditions.
Issues considered
- Whether bail should be granted to the petitioner in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Subjects
- bail
- illicit liquor
- excise
- Bihar Prohibition and Excise Act
- Section 30
- Section 32
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22178 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Anil Kumar Singh S/O Vishwanath Mahto R/O Vill.- Prahaladpur,P.S-
Mushahari,District-Muzaffarpur, State- Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Samir Kumar, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 16-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Muzaffarpur
Excise P.S. Case No. 65 of 2026 registered for the offence punishable
under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise
Act.
3. In compliance of order dated 09.04.2026, the Excise
Superintendent, Muzaffarpur along with Assistant Sub Inspector have
appeared before this Court.
4. As per the prosecution case, there is recovery of 467.640
litres of illicit liquor from the vehicle driven by the petitioner.
5. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been implicated
in this case. The petitioner is in custody since 11.01.2026 and he is not
an accused in any case under the Excise Act.
Patna High Court CR. MISC. No.22178 of 2026(3) dt.16-04-2026
2/2
6. Learned APP appearing for the State opposes the prayer
for bail of the petitioners.
7. The Excise Superintendent, Muzaffarpur who has
appeared has informed this Court that the owners of the liquor have
been mentioned in the F.I.R. but due to mistake their names has not
been mentioned in the relevant column. He further submits that
investigation is going on and Excise official are trying to arrest the
accused persons/owners of illicit liquor.
8. Considering the facts and circumstances of the case and
submissions of learned counsel for the petitioner as well as as
submission of the Excise official, let the provisional granted to the
petitioner on 09.04.2026 by this Court is hereby confirmed with the
same terms and conditions as mentioned in the order dated 09.04.2026.
9. The personal appearance of the Excise Superintendent,
Muzaffarpur along with Assistant Sub Inspector is dispensed with.
(Sandeep Kumar, J)
sanjeev/-
U T
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