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Patna High Court

Anand KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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
                                            2/3




          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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