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Patna High Court

Anmol KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to specified conditions.

Summary

Anmol Kumar was arrested on 25 March 2026 in connection with the seizure of 223.560 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not the owner of the vehicle from which the liquor was recovered and had no involvement in the alleged contravention. The State opposed bail, noting that the petitioner had another similar case pending, though he was already on bail in that matter. The High Court considered the facts, the petitioner’s claim of non‑ownership, and the absence of any prior conviction, and ordered that bail be granted on a bond of Rs.10,000 with two sureties and specific conditions regarding cooperation, appearance, and non‑tampering with evidence. The order directed that the bail bond not be delayed for verification of antecedents, but allowed cancellation if conditions were breached.

Issues considered

  • Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the seizure and his alleged non‑ownership of the vehicle.
  • Whether the existence of another similar case against the petitioner precludes the grant of bail in the present matter.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • illegal liquor
  • Section 30(a)
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37286 of 2026
                         Arising Out of PS. Case No.-65 Year-2026 Thana- R S P.S. District- Araria
                 ======================================================
                 Anmol Kumar Son of Ramesh Yadav Resident of Village- Chamgadh Ward
                 No. 09, P.S.- Murliganj, District- Madhepura.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :         Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-06-2026                        Heard Mr. Ram Prawesh Kumar, learned counsel

                   for the petitioner and Mr. Syed Mojibur Rahman, the learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   25.03.2026 in connection with R.S. P.S. Case No. 65 of 2026,

                   F.I.R. dated 25.03.2026 registered for the offence punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. Recovery is of 223.560 liters of English liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that it appears from the FIR as well as the seizure list

                   that altogether 223.560 liters of Indian made foreign liquor was

                   recovered from the vehicle in question and petitioner was

                   apprehended at the place of occurrence. Learned counsel for the

                   petitioner further submits that the petitioner is not the owner of
Patna High Court CR. MISC. No.37286 of 2026(2) dt.16-06-2026
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          the vehicle in question and he has no concern at all with the

          alleged recovery of illicit liquor or the vehicle in question and

          police after investigation submitted the charge-sheet against the

          petitioner and the petitioner is in custody since 25.03.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner carries

          one more case other than the present one of similar nature but

          fairly submits that the petitioner is on bail in the said case, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, let the petitioner,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Exclusive Special Judge

          Excise-I, Araria in connection with R.S. P.S. Case No. 65 of

          2026, with the following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move
               Patna High Court CR. MISC. No.37286 of 2026(2) dt.16-06-2026
                                                           3/3




                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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