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Patna High Court

Anuj Kumar @ Anuj Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to anticipatory bail, subject to strict conditions, as the prosecution has not established a prima facie case and the petitioner has offered adequate security.

Summary

The petitioner, Anuj Kumar Yadav, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly delivering 85 litres of illicit liquor via a motorcycle. He contended that he had no connection to the vehicle or the liquor and that his name was supplied solely by the apprehended individual without any independent witness. The State opposed anticipatory bail, citing two prior similar offences, though the petitioner was already on bail in those matters. The petitioner offered to deposit a monetary guarantee and complied with the court’s procedural requirements. The High Court, after considering the facts and the petitioner’s willingness to furnish security, granted anticipatory bail with a bond of Rs.10,000, two sureties, and specific conditions including cooperation with the investigation and a relative as a bailor.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 of the Cr.P.C. in a case involving alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s prior criminal antecedents of a similar nature preclude the grant of anticipatory bail.
  • Whether the lack of independent witness testimony affects the sufficiency of the prosecution’s case for denial of bail.
  • What conditions may be imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Cr.P.C. Section 438
  • BNSS 2023 Section 482
  • criminal antecedents
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25974 of 2026
                      Arising Out of PS. Case No.-887 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Anuj Kumar @ Anuj Kumar Yadav S/O Vijay Yadav VILLAGE- Bajwatari,
                 P.S. - Rajauli, DISTRICT- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deepak Kumar, Advocate
                 For the Opposite Party/s :        Mr. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   24-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The allegation in the First Information Report is

                   that 85 litres of country made liquor has been recovered from a

                   motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has no concern with the said motorcycle or with the

                   seized liquor. The name of the petitioner has come on the basis

                   of disclosure made by the apprehended person that it was the

                   petitioner who gave motorcycle and liquor to deliver, however,

                   there is no independent witness to the search and seizure.
Patna High Court CR. MISC. No.25974 of 2026(2) dt.24-04-2026
                                            2/3




                       5. Learned APP for the State opposed the prayer for

          anticipatory bail and submits that the petitioner has two criminal

          antecedents of similar nature. However, in response it has been

          submitted that the petitioner is on bail in both the cases.

                       6. Petitioner has offered to deposit a sum of

          Rs.3,000/- (Rupees Three Thousand) in Patna High Court Legal

          Services           Committee,           Patna,          bearing       Account

          No.1413010060836, IFSC Code:                         PUNB0141320, Punjab

          National Bank, Bar Council Branch, Patna.

                       7.     Taking     into     consideration       the     facts   and

          circumstances of the case, let the above named petitioner, be

          released on bail, in the event of his arrest or surrender before the

          learned Court below within a period of four weeks from today,

          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 Court below where the case is pending/successor

          Court in connection with Nawada Excise P.S. Case No. 887 of

          2025, subject to the condition as laid down under Section 438

          (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik

          Suraksha Sanhita (BNSS), 2023, subject to the condition(s) that:

                            (i) One of the bailors will be his own blood relative,
                            preferably, father, mother, brother, sister.
                            (ii)   The   petitioner    shall     co-operate   with    the
              Patna High Court CR. MISC. No.25974 of 2026(2) dt.24-04-2026
                                                          3/3




                                        investigation, if not already concluded and make
                                        himself available as and when so required, failing
                                        which the prosecution will be at liberty to move
                                        cancellation of his bail bond.
                                     8. The bail bond of the petitioner shall be accepted by

                        the learned Court below on showing receipt of deposit of the

                        aforesaid amount in the account of Patna High Court Legal

                        Services Committee, Patna.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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