Patna High Court

Abhinav AnandversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

Anticipatory bail is granted to the petitioner subject to a bail bond and verification of his criminal antecedent.

Summary

The petitioner, Abhinav Anand, was implicated in a special case concerning the seizure of 375 ml of illicit foreign liquor allegedly recovered from a motorcycle. He contended that he was not present at the scene, had sold the motorcycle to Ashok Kumar Singh without transferring ownership, and possessed a clean criminal record. The State opposed his bail, but the court noted the lack of direct involvement and the petitioner’s clean antecedent. Relying on the provisions of the Bihar Prohibition and Excise Act, 2022 and the Bihar Narcotic Substances (BNSS) Act, 2023, the court granted anticipatory bail subject to a bond and verification conditions. The order directs the trial court to verify the petitioner’s antecedent and cancel the bail if any concealment is discovered.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the alleged liquor offence
Whether the petitioner’s alleged ownership of the vehicle implicates him under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2022
Whether the petitioner’s clean criminal antecedent warrants bail

Legislation cited

Bihar Narcotic Substances (BNSS) Act, 2023 — s. 2(1)(d), 482(2)
Bihar Prohibition and Excise Act, 2022 — s. 30(a), 32(3)

Subjects

anticipatory bail
illicit liquor
excise law
criminal antecedent
vehicle ownership
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24963 of 2026
                    Arising Out of PS. Case No.-1230 Year-2023 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Abhinav Anand S/o Bhawanand Singh R/o - Harrio, P.S - Bihpur, District -
                 Bhagalpur

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Deepak Kumar, Adv.
                 For the Opposite Party/s :        Mr.Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   29-04-2026                      Heard Learned Counsel for the petitioner and

                   Learned A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Special Case No.1272 of 2023 arising out of Kishanganj

                   Excise P.S. Case No.1230 of 2023, for the offence punishable

                   under Sections 30(a) & 32(3) of the Bihar Prohibition and

                   Excise Act, 2022.

                                3. As per the prosecution, the total recovery of 375 ml

                   of illicit foreign liquor have been alleged to be made from a

                   motorcycle, 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

                   also submits that petitioner was not present on the spot and his

                   name has been transpired only due to owner of the said vehicle.
Patna High Court CR. MISC. No.24963 of 2026(2) dt.29-04-2026
                                            2/3




          Counsel further submits that criminal antecedent of the

          petitioner is clean. He further submits that the petitioner had

          sold the said motorcycle to one Ashok Kumar Singh, but

          ownership of the said motorcycle was not transferred in his

          name.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that criminal antecedent of the

          petitioner is clean.

                       6. As such, 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

          learned Court below 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 BNSS, 2023 to the

          satisfaction of Exclusive Special Excise Judge -II, Kishanganj,

          in connection with Special Case No.1272 of 2023 arising out of

          Kishanganj Excise P.S. Case No.1230 of 2023, subject to the

          conditions as laid down U/s 482(2) of the BNSS, 2023

                       And further condition that the Trial Court shall verify

          the criminal antecedent of the petitioner and in case at any stage

          it is found that the petitioner has concealed his criminal

          antecedent, the Trial Court shall take step for cancellation of
          Patna High Court CR. MISC. No.24963 of 2026(2) dt.29-04-2026
                                                      3/3




                    bail bond of the petitioner. However, the acceptance of bail

                    bonds in terms of the above-mentioned order shall not be

                    delayed for purpose of or in the name of verification.



                                                            (Dr. Anshuman, J)
Aman Kumar/-

U     T

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