Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Anil Kumar, was arrested on 23 March 2026 in connection with a case involving the seizure of 246.330 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He applied for bail, claiming a clean antecedent and that the seized liquor was not in his conscious possession but in a truck, and that the seizure process violated Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The order directed that bail should not be delayed for antecedent verification. The bail was thus granted subject to these conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the seizure of the illicit liquor complied with procedural requirements of Sections 103 and 105 of the BNSS.
- Whether the accused’s alleged lack of conscious possession and clean antecedent justify bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- illicit liquor
- prohibition and excise
- Section 30(a)
- procedural compliance
- seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29744 of 2026
Arising Out of PS. Case No.-166 Year-2026 Thana- KANTI District- Muzaffarpur
======================================================
Anil Kumar S/O Tarun Ray Resident of Village- Dayalpur, P.S- Barati, Distt.-
Vaishali, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr. Anish Kumar, learned counsel for the
petitioner and Mr. Ahmad Ali,learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.03.2026 in connection with Kanti P.S. Case No. 166 of 2026,
F.I.R. dated 23.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 246.330 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent 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 conscious possession of the petitioner rather
the recovery has been made from truck in question. He further
Patna High Court CR. MISC. No.29744 of 2026(2) dt.05-05-2026
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submits that seizure list witnesses are police personnel and there
is non-compliance of Section 103 and 105 of BNSS. And the
petitioner is in custody since 23.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 Exclusive
Special Judge Excise-II, Muzaffarpur in connection with Kanti
P.S. Case No. 166 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
Patna High Court CR. MISC. No.29744 of 2026(2) dt.05-05-2026
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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)
Suruchi/-
U T
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