Patna High Court
Anmol KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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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