Patna High Court
Aniket KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond and conditions, pending verification of any undisclosed criminal antecedents.
Summary
The petitioner, Aniket Kumar, was implicated in a case involving the seizure of 29.68 litres of illicit liquor, alleged under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He claimed innocence, stating that no liquor was found in his possession and that the recovery was from a meat shop, with his name linked only through a local chowkidar’s disclosure. The State opposed his bail, arguing the seriousness of the offences. The High Court, considering the lack of direct possession and the petitioner’s clean antecedent, granted anticipatory bail subject to a bond of Rs.30,000 and conditions under Section 482(2) of the B.N.S.S. The trial court was directed to verify any undisclosed criminal antecedents, with provisions for cancellation of bail if concealment is found.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in a case of alleged illicit liquor possession.
- Whether the allegations based on recovery from a meat shop and third‑party testimony suffice to justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Sections 274 B.N.S.S.
- Section 275 B.N.S.S.
- Section 30(a) Bihar Prohibition and Excise Act
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29262 of 2026
Arising Out of PS. Case No.-108 Year-2026 Thana- TURKAULIYA District- East
Champaran
======================================================
Aniket Kumar S/o Late Umesh Sahani Resident of Village - Bairiya Bazar,
P.s. - Turkauliya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sugandh Saurabh, Adv.
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Turkauliya P.S. Case No. 108 of 2026 lodged on
25.02.2026, for the offence punishable under Sections 274 &
275 of the Bharatiya Nyaya Sanhita, 2023 and section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
the sole petitioner. Total recovery of 29.68 litres of illicit liquor
has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.29262 of 2026(2) dt.06-05-2026
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submits that nothing has been recovered from the conscious
possession of the petitioner and the alleged recovery has been
made from a meat shop. Counsel further submits that the name
of the petitioner has come in this case only on the basis of
disclosure made by local chowkidar and co-villagers. Counsel
further submits that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive
Special Excise Judge-1, I/c, East Champaran at Motihari, in
connection with Turkauliya P.S. Case No. 108 of 2026, subject
to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
bail bond of the petitioner. However, the acceptance of the bail
Patna High Court CR. MISC. No.29262 of 2026(2) dt.06-05-2026
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bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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