Patna High Court

Arjun KumarversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond of Rs.30,000 and conditions under the B.N.S.S., 2023.

Summary

Arjun Kumar was named in an FIR for allegedly possessing 4.020 litres of illicit liquor, an offence punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner claimed he had no possession of the liquor, that the recovery was made from an open place, and that his name was linked to the case solely on secret information, asserting a clean antecedent. The State opposed his bail application. The High Court, after considering the facts, granted anticipatory bail for a period of four weeks, requiring a bail bond of Rs.30,000 under Section 2(1)(d) of the B.N.S.S., 2023 and subject to conditions of Section 482(2) of the same Act. The trial court was directed to verify the petitioner’s criminal antecedents and cancel the bail if any concealment is discovered. Consequently, the petitioner was released on anticipatory bail with stipulated conditions.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances of the case

Legislation cited

B.N.S.S., 2023 — s. 2(1)(d), 482(2)

Subjects

anticipatory bail
illicit liquor
section 30(a)
Bihar Prohibition and Excise Act
bail bond
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22644 of 2026
                   Arising Out of PS. Case No.-393 Year-2025 Thana- Sahayak Khajanchi District- Purnia
                 ======================================================
                 Arjun Kumar Son of Satyanarayan Das R/o Village - Chath Pokhar,
                 Panchwati Colony, P.S. - Sahayak Khajanchi, Dist. - Purnea.

                                                                                     ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.P ushpendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mrs. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   16-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Sahayak Khajanchi P.S. Case No. 393 of 2025 lodged on

                   23.11.2025, 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

                   the sole petitioner. Total recovery of 4.020 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 nothing has been recovered from the conscious
Patna High Court CR. MISC. No.22644 of 2026(2) dt.16-04-2026
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          possession of the petitioner and the alleged recovery has been

          made from an open place. Counsel further submits that the name

          of the petitioner has figured in this case only on the basis of

          secret information. Counsel further submits that the petitioner

          has clean antecedent.

                       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 Court No. 1, Purnea, in connection with

          Sahayak Khajanchi P.S. Case No. 393 of 2025, 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

          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
             Patna High Court CR. MISC. No.22644 of 2026(2) dt.16-04-2026
                                                         3/3




                       delayed for the purpose of or in the name of verification.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T

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