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Patna High Court

Anoj yadav @ Anoj kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail is granted to the petitioners on furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Special Judge, Excise‑II, Munger.

Summary

The petitioners, Anoj Yadav and Pawan Kumar, were arrested in connection with a case registered under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act for the alleged recovery of 4,202.445 litres of English liquor. They contended that they were falsely implicated, had no incriminating material in their possession, and possessed no prior criminal record, having been in custody since 21 February 2026. The State, represented by the Additional Public Prosecutor, opposed the bail application. The Court, after considering the lack of direct evidence against the petitioners and the length of their pre‑trial detention, decided to grant bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Judge, Excise‑II, Munger, and the Court clarified that its observations were prima facie and not a determination on the merits of the case.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act given the facts of the case.
  • Whether the absence of incriminating material in the petitioners' possession and their clean record justify bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 32
  • liquor seizure
  • criminal procedure
  • surety
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30091 of 2026
                    Arising Out of PS. Case No.-34 Year-2026 Thana- SANGRAMPUR District- Munger
                 ======================================================
           1.     Anoj yadav @ Anoj kumar son of Lal Shankar Prasad Yadav Resident of
                  village- Thatha Ps- Mansi, Dist- Khagaria
           2.    Pawan Kumar Son of Angad Yadav Resident of village- Thatha Ps- Mansi,
                 Dist- Khagaria

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kumar Kamal Nayan
                 For the Opposite Party/s :      Mr.Murli Dhar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners seek bail in connection with

                   Sangrampur P.S. Case No. 34 of 2026 registered for the offences

                   punishable under Sections 30(a), 32 of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case is that 4202.445 liters of

                   English liquor was recovered.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have
           Patna High Court CR. MISC. No.30091 of 2026(2) dt.06-05-2026
                                                       2/2




                     got no concern with the alleged recovery of liquor. The

                     petitioners are in custody since 21.02.2026 and have got no

                     criminal antecedent.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds 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, Munger/concerned Court in

                     connection with Sangrampur P.S. Case No. 34 of 2026.

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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