Patna High Court
Anoj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, directing his release on a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Anoj Kumar, was arrested as the driver of a vehicle from which 280 litres of illicit spirit were seized, leading to charges under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. He contended that he had no knowledge of the contraband, that nothing was recovered from his personal possession, and that the police failed to comply with Section 103 of the B.N.S.S while preparing the seizure list. The State opposed his request for regular bail, citing the seriousness of the offence and his prior criminal antecedent. After hearing both sides, the Court considered the procedural irregularities and the petitioner’s role as merely a driver. The Court concluded that the petitioner was entitled to regular bail and ordered his release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018.
- Whether the failure of the police to comply with Section 103 of the B.N.S.S in preparing the seizure list warrants bail.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32(3)
- B.N.S.S. — s. 103
Subjects
- bail
- excise
- illicit spirit
- driver
- procedural lapse
- Bihar Prohibition and Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29047 of 2026
Arising Out of PS. Case No.-160 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Anoj Kumar S/o- Basant Paswan R/v- Baglati Ps- Mohanpur Dist- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar, Advocate
For the Opposite Party/s : Mrs.Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30 (a) and
32 (3) of Bihar Prohibition and Excise Act, 2018.
3. The case of the prosecution, in short, is that from a
car altogether 280 litre of illicit spirit was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the petitioner is the
driver of the said car. It has further been submitted that nothing
has been recovered from his possession. The witness of the
seizure list are police personnel. Police has not complied
Section 103 of the B.N.S.S while making seizure list. It has
Patna High Court CR. MISC. No.29047 of 2026(2) dt.06-05-2026
2/2
further been submitted that the petitioner was unaware of the
consignment. He is merely a driver. Moreover, the petitioner is
languishing in judicial custody since 08.02.2026 having
criminal antecedent of one case.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Excise P.S. Case No. 160 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
Excise Court-II, at Aurangabad.
(Ashok Kumar Pandey, J)
vashudha/-
U T
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