Patna High Court
Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted subject to the conditions specified by the Court.
Summary
The petitioner, Neeraj Kumar, sought anticipatory bail fearing arrest in a case (Kadamkuan P.S. Case No. 151 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing three litres of illicit foreign liquor. The prosecution alleged the recovery of the liquor, while the petitioner claimed innocence and a clean antecedent. The State opposed the bail. The High Court, applying Section 438(2) of the CrPC and Section 482 of the BNSS, allowed the anticipatory bail with a bond of Rs.10,000, two sureties, a deposit of Rs.10,000 to a charitable institution, verification of clean antecedent, and a monthly police‑station attendance condition. The bail may be cancelled on default. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 BNSS in the alleged illicit liquor case.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38213 of 2026
Arising Out of PS. Case No.-151 Year-2026 Thana- KADAMKUAN District- Patna
======================================================
Neeraj Kumar S/o Kameshwar Bhagat Resident of - Railway Quarter Road,
P.S - Kadamkuan, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Kadamkuan P.S. Case No. 151 of 2026
registered for the offence under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of
about three litres of illicit foreign liquor from a jute bag.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
Patna High Court CR. MISC. No.38213 of 2026(2) dt.16-06-2026
2/3
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 the learned Special Judge
Excise II, Patna/ concerned Court below in connection with
Kadamkuan P.S. Case No. 151 of 2026, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 10,000/- in
Ramkrishna Mission Ashrama, Nala Road, Patna and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. As a condition of this order, the petitioner after
Patna High Court CR. MISC. No.38213 of 2026(2) dt.16-06-2026
3/3
being released on bail, is directed to mark his attendance at
Kadamkuan Police Station, District- Patna on any one Sunday
of every month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.