Patna High Court
Angesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions.
Summary
The petitioner, Angesh Kumar, was arrested on 21 January 2026 in connection with the seizure of 251.250 litres of foreign liquor from a truck, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he has a clean antecedent, was falsely implicated, and that the liquor was not in his conscious possession nor was he the owner of the truck. The State opposed his bail application. The court noted that the recovery was made from the truck and not directly from the petitioner, and that there was no evidence of his ownership or possession. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of his criminal antecedent. The bail bond was to be accepted without delay pending verification.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the facts of seizure.
- Whether the petitioner’s lack of ownership of the truck and absence of conscious possession justify bail.
- Whether the petitioner’s alleged clean antecedent and the length of custody affect the bail decision.
Subjects
- bail
- Bihar Prohibition and Excise Act
- foreign liquor seizure
- Section 30(a)
- criminal antecedent
- truck ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29752 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- Ghogha District- Bhagalpur
======================================================
Angesh Kumar Son of Devraj Mahto Resident of village - Sidhiya Ghat @
Singhia Ghat, Police Station - Vibhutipur, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baijnath Sah, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr. Baijnath Sah, learned counsel for the
petitioner and Ms. Sharda Kumari, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.01.2026 in connection with Ghogha P.S. Case No. 11 of
2026, F.I.R. dated 20.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 251.250 liters of foreign 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 and the
Patna High Court CR. MISC. No.29752 of 2026(2) dt.05-05-2026
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petitioner is not the owner of the truck in question. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
21.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that the recovery has been made from truck in
question and the petitioner is not the owner of the truck in
question, 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 Excise Judge-I, Bhagalpur in connection with
Ghogha P.S. Case No. 11 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
Patna High Court CR. MISC. No.29752 of 2026(2) dt.05-05-2026
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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)
Suruchi/-
U T
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