Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the petition for anticipatory bail, granting it subject to a bail bond and sureties under Section 482(2) of the BNSS.
Summary
Anil Kumar sought anticipatory bail after the police alleged his involvement in the seizure of a 750 ml bottle of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The prosecution’s case was based on an informant’s observation of two persons on a motorcycle, the driver’s identification of the petitioner, and a confessional statement by a co‑accused, while no contraband was found in the petitioner’s possession and he did not own the motorcycle. The petitioner argued that the search and seizure violated Section 105 of the Bihar Nagrik Suraksha Sanhita and that there was no material evidence against him. The State opposed the bail. The High Court, considering the lack of direct evidence and the alleged procedural violation, granted anticipatory bail subject to a Rs.10,000 bond and two sureties, under the conditions of Section 482(2) of the BNSS. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bihar Nagrik Suraksha Sanhita in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act.
- Whether the search and seizure conducted by the police violated Section 105 of the BNSS, thereby affecting the bail application.
- Whether the confessional statement of the co‑accused constitutes sufficient material to deny anticipatory bail.
Legislation cited
- Bihar Nagrik Suraksha Sanhita (BNSS) — s. 105, 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- anticipatory bail
- search and seizure
- foreign liquor
- Bihar Prohibition and Excise Act
- Bihar Nagrik Suraksha Sanhita
- Section 30(a)
- Section 105
- Section 482(2)
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34730 of 2026
Arising Out of PS. Case No.-42 Year-2025 Thana- AAYAR District- Bhojpur
======================================================
Anil Kumar S/o Janardan Baitha Resident of Village - Sultanpur, P.S.
-Garhani (Agiaon), District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Malti Kumari, Adv
For the Opposite Party/s : Mr.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Aayar P.S. Case No. 42 of 2025 registered for
the offences punishable under Section 30(a) of Bihar Prohibition
and Excise (Amendment) Act.
3. As per the prosecution case, allegedly during the
vehicle checking, the informant, found two persons approaching
towards them on a motorcycle. On suspicion, the motorcycle
was stopped, the person seated on the back of the motorcycle
fled away after throwing the bundle and from that the driver of
the motorcycle namely, Amrendar Kumar, was apprehended,
who disclosed the name of the petitioner to be the person, who
fled away from the place of occurrence and a bottle of 750 ml of
Patna High Court CR. MISC. No.34730 of 2026(2) dt.20-05-2026
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foreign liquor was recovered.
4. Learned counsel for the petitioner has submitted
that nothing has been recovered from the conscious possession
of the petitioner. It has further been submitted that the petitioner
is not the owner of the motorcycle in question. It has further
been submitted that the search and seizure are in violation of
Section 105 of the BNSS. It has further been submitted that,
except for the confessional statement of the co-accused made
before the police while in police custody, there is no material
against the petitioner. Lastly, it has been submitted that the
petitioner has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
in connection with Aayar P.S. Case No. 42 of 2025, subject to
the conditions as laid down under Section 482(2) of the Bharitya
Patna High Court CR. MISC. No.34730 of 2026(2) dt.20-05-2026
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Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
niku/aarti/-
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