Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner, subject to monetary and procedural conditions.
Summary
The petitioner, Anil Kumar, was arrested in connection with Baisi Police Station Case No. 260 of 2020 for alleged offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, after 3,084.12 litres of liquor were recovered from a truck he owned. The petitioner contended that he had no knowledge of the liquor, that no incriminating material was found in his personal possession, and that he had no prior criminal record. He also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, emphasizing the seriousness of the offences. The Court, after considering the circumstances and the period of custody, decided to grant bail subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding court appearances and future conduct. The order directed the petitioner’s release on bail after framing of charges, if not already done.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the IPC and the Bihar Prohibition and Excise Act.
- Whether the lack of incriminating material in the petitioner's possession and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrant bail.
- Whether ownership of the vehicle alone is sufficient to sustain the charges.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 272, 273
Subjects
- bail
- Indian Penal Code
- Bihar Prohibition and Excise Act
- Section 103
- vehicle ownership
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2531 of 2026
Arising Out of PS. Case No.-260 Year-2020 Thana- BAISI District- Purnia
======================================================
Anil Kumar Son of Sita Ram R/o- E-192 Ke hi Aokhla Face-1 Aukhala
Industrial estate, P.S.- Aukhala, District- South Delhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivesh Kumar Singh, Advocate
For the Opposite Party/s : Ms.Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Baisi
P.S. Case No. 260 of 2020, instituted for the offences punishable
under Section 272 and 273 of the I.P.C. and Section 30(a), 41
and 47 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 3084.12
liters liquor was recovered from Truck.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The name of the
petitioner has transpired as being owner of the vehicle in
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question and he has no knowledge regarding the goods loaded
on the vehicle. The petitioner is in custody since 03.12.2025 and
has got no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Baisi P.S. Case No. 260 of 2020,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
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nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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