Patna High Court
Anshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners, finding no sufficient ground to deny their release.
Summary
The petitioners, Anshu Kumar and Sunil Prasad, were arrested in connection with a case involving the seizure of 63.420 liters of foreign liquor from a shop, alleged to be offences under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they had no involvement in the shop, no incriminating material was found on them, and they possessed no prior criminal record. The State opposed bail, arguing the seriousness of the offence. The court noted the petitioners' lack of direct possession, the absence of incriminating evidence, their clean antecedents, and the fact that Section 103 of the BNSS, 2023 had not been complied with. Considering these circumstances and the period of custody already served, the court decided to grant bail. The petitioners were ordered to furnish bail bonds of Rs.15,000 each with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and non‑compliance of Section 103 of the BNSS, 2023
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition and excise
- foreign liquor
- Section 30(a)
- Section 103
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3349 of 2026
Arising Out of PS. Case No.-264 Year-2025 Thana- ROHTAS District- Rohtas
======================================================
1. Anshu Kumar Son of Ayush Kumar Resident of Village - Akbarpur, P.S. and
District - Rohtas.
2. Sunil Prasad @ Bhola @ Sunil Prasad Kashyap Son of Late Guru Sah
Resident of Village - Akbarpur, P.S. and District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddharth Harsh, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with Rohtas
PS Case No. 264 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 63.420 liters
foreign liquor was recovered from shop.
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
got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.3349 of 2026(2) dt.19-01-2026
2/2
submitted that petitioners have no concern with the shop in
question. The petitioners are in custody since 17.12.2025 and
have got no criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Rohtas PS Case No.
264 of 2025 .
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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