Patna High Court
Arjun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the anticipatory bail application, subject to specified conditions.
Summary
Arjun Kumar, the registered owner of a pickup vehicle, was implicated in an excise case (Case No. 41 of 2026) for the alleged recovery of 523 litres of illicit liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no liquor was recovered from his possession, and that he had no criminal antecedent, offering to donate Rs. 25,000 to charity. The State opposed his anticipatory bail application. The High Court, after considering the submissions, allowed the anticipatory bail, directing the petitioner to furnish bail bonds of Rs. 10,000 with two sureties and to comply with conditions including a Rs. 25,000 donation to a charitable institution, monthly police station attendance, and verification of his clean antecedent. The order was made under Section 482(2) of the BNSS, with a clarification that the observations were prima facie and not indicative of the merits of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner's claim of no possession of illicit liquor and clean antecedent justifies the grant of anticipatory bail.
- What conditions, if any, should be imposed on the anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- false implication
- Section 30
- Section 482
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31363 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- Excise P.S. District- Bhojpur
======================================================
Arjun Kumar S/o Jay RamYadav @ Jayram Yadav R/o - Ahirauli, P.S -
Dumraon, District - Buxar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pallav Kumar Singh, Advocate
Mr. Diwakar, Advocate
Ms. Priya Kumari, Advocate
Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 14-05-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Excise P.S. Sadar (Ara) Case No. 41 of 2026 registered for
offences under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. There is recovery of 523 liters of illicit liquor from
the Mahendra Pickup vehicle.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the case and nothing
has been recovered from the possession of the petitioner. The
petitioner is the registered owner of the pickup vehicle. He also
Patna High Court CR. MISC. No.31363 of 2026(2) dt.14-05-2026
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submits that the petitioner is ready to donate Rs. 25,000/-
(Rupees Twenty Five Thousand Only) in some charitable
organization without accepting his guilt. The petitioner has no
criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory 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 concerned
Court below in connection with Excise P.S. Sadar (Ara) Case
No. 41 of 2026 subject to the conditions as laid down under
Section 482(2) of the BNSS and with further condition(s) that:-
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Mission
Ashrama, Ramakrishna Avenue, Nala Road,
Patna, Biharand produce the receipt of the
same before the Court below. The bail bonds
of the petitioner shall be accepted after
Patna High Court CR. MISC. No.31363 of 2026(2) dt.14-05-2026
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verifying the genuineness of the receipt
produced by the petitioner.
(ii). The petitioner is directed to
mark his attendance in Dumraon Police
Station on every 1st Sunday of each month.
Failure to do so, will result in cancellation
of bail bond of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below.
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.
(Sandeep Kumar, J)
Shishir/-
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