Patna High Court
Anurag Kumar Singh @ Sonu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a bond and compliance with stipulated conditions.
Summary
Anurag Kumar Singh was arrested on 2 March 2026 in connection with a case involving the alleged contravention of Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022, for the seizure of 112.715 litres of Indian‑made foreign liquor. The liquor was recovered from a motorcycle that the petitioner does not own, and no portion was found in his conscious possession. The petitioner contended that the seizure was effected by police officers without complying with Sections 103 and 105 of the BNSS, 2023, and that he has a clean antecedent. The State opposed the bail application, arguing the seriousness of the offence. The Court, noting the lack of direct possession and the alleged procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order was issued without delay for verification of the petitioner’s antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged violation of Sections 103 and 105 of the BNSS, 2023.
- Whether the seizure of liquor from a vehicle not owned by the petitioner and the absence of conscious possession justify bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure
- procedural compliance
- criminal antecedent
- Indian made foreign liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29654 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
Anurag Kumar Singh @ Sonu Singh S/o Shivpujan Singh R/o Village -
Labedahan, PS - Ramgarh, District - Kaimur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishra, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Rajesh Kumar Mishra, learned counsel
for the petitioner and Mr. Bhanu Pratap Singh, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
02.03.2026, in connection with Durgawati P.S. Case No. 67 of
2026, F.I.R. dated 01.03.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Amendment Act, 2022.
3. Recovery is of 112.715 litres of Indian made
foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. as well as seizure list that recovery has
Patna High Court CR. MISC. No.29654 of 2026(2) dt.04-05-2026
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been made from the motorcycle in question and petitioner is not
the owner of the motorcycle in question and altogether 112.715
litres of Indian made foreign liquor was recovered. He further
submits that from perusal of the seizure list it appears that the
seizure list witnesses are police personnel so there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 02.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge (Excise)-II, Kaimur at Bhabhua in connection with
Durgawati P.S. Case No. 67 of 2026, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.29654 of 2026(2) dt.04-05-2026
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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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
U T
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