Patna High Court
Anuj Kumar @ Anoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail is granted subject to bond, sureties and compliance with Section 482(2) of the BNSS.
Summary
The petitioner, Anuj Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged possession of 70 litres of country‑made liquor. The prosecution’s case was based on the testimony of a co‑accused who, while in police custody, identified the petitioner, and on a seizure of a sack and a motorcycle. The petitioner contended that he was falsely implicated, that the identification rested solely on a confessional statement, and that the search and seizure violated Section 105 of the Bharitya Nagrik Suraksha Sanhita. The State opposed the bail, arguing the seriousness of the offence. The court, after considering the circumstances, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs 10,000 and two sureties, and complies with Section 482(2) of the BNSS. The application was therefore allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Prohibition and Excise Act.
- Whether the identification of the petitioner based on a co‑accused’s statement and alleged procedural lapses in search and seizure justify denial of bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- search and seizure
- Section 105 BNSS
- Section 482(2) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35097 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- RUPO District- Nawada
======================================================
Anuj Kumar @ Anoj Kumar Son of Yogendra Yadav Resident of Village-
Sokhodewra, P.S.- Kawakol, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Adv
For the Opposite Party/s : Mr.Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Rupow P.S. Case No. 05 of 2026 registered for
the offences punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, the informant saw two
persons riding on a motorcycle and in between both the persons,
there was a sack. It has been alleged that upon seeing the
informant and the police party, both the persons started to flee
away but one person namely, Krishna Kumar, was arrested at
the spot, who disclosed the petitioner to be the person who had
fled away from the place of occurrence.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.35097 of 2026(2) dt.21-05-2026
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that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that a total quantity of 70
liters of country made liquor was recovered from the dickey as
well from the sack. It has further been submitted that the
petitioner was not arrested at the spot. Learned counsel for the
petitioner has submitted that the name of the petitioner
transpired solely on the basis of the confessional statement of
the co-accused before the police while in police custody. It has
further been submitted that the search and seizure have not been
followed as per the provisions of Section 105 of the BNSS. It
has further been submitted that the petitioner is not the owner of
the motorcycle in question from which the alleged recovery has
been made.
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,
Patna High Court CR. MISC. No.35097 of 2026(2) dt.21-05-2026
3/3
in connection with Rupow P.S. Case No. 05 of 2026, subject to
the conditions as laid down under Section 482(2) of the Bharitya
Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
niku/rajesh/-
U T
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