Patna High Court
Anand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Anand Kumar was arrested on 9 March 2026 in connection with a case involving the seizure of 100 litres of illicit Mahua liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that he had no conscious possession of the liquor, that the seizure was made from an open field he does not own, and that the seizure list witnesses being police officers violated Sections 103 and 105 of the Bihar Non‑Statutory Substitution (BNSS) Act, 2023. The prosecution opposed bail, citing two prior criminal antecedents, though the petitioner was already on bail in other matters. The court, after considering the arguments, ordered the release of the petitioner on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the District and Additional Sessions Judge‑cumm‑Exclusive Special Judge, Excise Court No. 1, Aurangabad.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 considering alleged lack of conscious possession and procedural lapses.
- Whether the alleged non‑compliance with Sections 103/105 of the BNSS, 2023, affects the bail decision.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Subjects
- bail
- prohibition law
- excise
- Mahua liquor
- conscious possession
- procedural lapse
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27786 of 2026
Arising Out of PS. Case No.-101 Year-2026 Thana- MUFFASIL District- Aurangabad
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Anand Kumar Son of Sanjay Yadav Resident of village - Jhikatiya, P.S.-
Aurangabad Muffasil, District - Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Aman Vishal, learned counsel for the
petitioner and Mr. Damodar Prasad Tiwary, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.03.2026 in connection with Aurangabad Muffasil P.S. Case
No. 101 of 2026, F.I.R. dated 08.03.2026 for the offences
punishable under Section 30(a) and of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. Recovery is of 100 liters of country made Mahua
liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.27786 of 2026(2) dt.27-04-2026
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conscious possession of the petitioner rather the recovery of
altogether 100 liters of illicit liquor has been made from the
open field and petitioner is not the owner of the said open field
in question and on the basis of secret information, the name of
the petitioner has been transpired in the present occurrence and
except the aforesaid, nothing has come during investigation
which suggest the involvement of the petitioner in the present
occurrence. It appears from the seizure list that the seizure list
witnesses are the police personnel, so there is non-compliance
of Section 103/105 of the BNSS, 2023. The petitioner is in
custody since 09.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries two criminal antecedents other
than the present one but fairly submits that he is on bail in the
pending matters.
6. Considering the aforesaid facts and circumstance,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District
and Additional Sessions Judge-cum-Exclusive Special Judge
Excise Court No.1, Aurangabad (Bihar) in connection with
Patna High Court CR. MISC. No.27786 of 2026(2) dt.27-04-2026
3/3
Aurangabad Muffasil P.S. Case No. 101 of 2026 subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below 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 court below shall take step for
cancellation of 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.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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