Patna High Court

Anshu RajakversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court held that the petitioner is entitled to regular bail because he was not arrested at the spot, no incriminating article was recovered from him, and he had been detained for an extended period.

Summary

The petitioner applied for regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2016 after being implicated in a liquor‑smuggling case. The prosecution alleged that the accused, including the petitioner, were seen with motorcycles carrying liquor, but the petitioner was not arrested at the spot and no liquor or vehicle was recovered from his possession. He had been in custody since 17 February 2026. The petitioner argued that he was falsely implicated and offered to cooperate with the investigation. The court, noting the absence of arrest at the scene, lack of incriminating material against him, and the length of his detention, ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the Exclusive Special Judge of the Excise Court, Buxar.

Issues considered

Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2016 in view of the facts of the case.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

regular bail
Bihar Prohibition and Excise Act
liquor smuggling
criminal procedure
bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24055 of 2026
                         Arising Out of PS. Case No.-43 Year-2026 Thana- BUXAR District- Buxar
                 ======================================================
                 Anshu Rajak S/O Karim Rajak R/O Village- Nehru Nagar Buxar, P.S- Buxar
                 (Town), Distt.- Buxar.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Dr. Kamal Deo Sharma, Advocate
                 For the Opposite Party/s :       Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER
2   16-04-2026                 1. Heard learned counsel for the parties.

                              2. The petitioner has preferred this application for grant

                   of regular bail in connection with Buxar (T) P.S. Case no.43 of

                   2026 registered under section 30(a) of the Bihar Prohibition and

                   Excise Act, 2016.

                              3. As per the prosecution case, on receiving information

                   that the petitioner and others were coming on a motorcycle

                   carrying liquor, it is stated that the informant and others started

                   to wait. Accused persons with sacks on three motorcycles were

                   seen coming. On being signalled to stop with a torch light, it is

                   stated that taking benefit of darkness, the six accused persons

                   abandoned their sacks as also their motorcycles and managed to

                   escape. On search, a total of 159.84 litres of liquor was

                   recovered.

                                 4. Learned counsel for the petitioner submits that the
            Patna High Court CR. MISC. No.24055 of 2026(2) dt.16-04-2026
                                                        2/2




                      petitioner has been falsely implicated in the case because of his

                      antecedents. Neither was he arrested at the spot nor any

                      incriminating article recovered from his possession. He has no

                      concern with the seized liquor nor with any of the three seized

                      vehicles/motorcycles. He is in custody since 17.2.2026 and

                      undertakes to cooperate in the investigation/trial.

                                  5. The application for bail is opposed by learned A.P.P.

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      taking into consideration the nature of allegation against the

                      petitioner in the FIR, the petitioner not having been arrested at

                      the spot nor any incriminating article having been recovered

                      from the petitioner’s possession and the petitioner having

                      remained in custody since 17.2.2026, the Court directs the

                      petitioner to be enlarged on bail in connection with Buxar (T)

                      P.S. Case no.43 of 2026 on furnishing bail bond of Rs.10,000/

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned Exclusive Special Judge,

                      Excise Court no.1, Buxar.


                                                  (Partha Sarthy, J)
Saurabh/-
U      T

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