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
- Bihar Prohibition and Excise Act — s. 30(a), 32
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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