Patna High Court
Anil Das @ Anil Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Anil Das, sought anticipatory bail in a case (PS Case No. 83 of 2026) involving the alleged recovery of about 13 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution’s case linked the petitioner to the offence through a fleeing individual, but the petitioner claimed innocence and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail, arguing the seriousness of the offence. The High Court, noting that the petitioner was not apprehended at the scene, allowed the anticipatory bail application, imposing a bail bond of Rs. 10,000 with two sureties, a mandatory donation of Rs. 25,000 to Ramakrishna Mission Sevashrama, and a condition to attend the Phulparas Police Station every Sunday. The order was made subject to the powers under Section 482(2) of the B.N.S.S., and the court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the conditions imposed, including monetary deposit and regular police station attendance, are permissible under the court's inherent powers.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38277 of 2026
Arising Out of PS. Case No.-83 Year-2026 Thana- PHULPARAS District- Madhubani
======================================================
Anil Das @ Anil Kumar Das S/o Indradev Das Resident of Village-
Dahapatti, PS- Phulparas, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Jha Raman, Adv.
For the Opposite Party/s : Mr. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Phulparas P.S. Case No. 83 of 2026 registered for offences
under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. As per the prosecution case, there is a recovery
of approx 13 litres of illicit liquor from a vehicle. The name of
the petitioner has surfaced on the basis of one of the person,
who fled away from the spot.
4. Learned counsel for the petitioner submits that
the petitioner is quite innocent and has committed no offence.
The petitioner undertakes to donate a sum of Rs. 25,000/-
(Rupees Twenty-Five Thousand Only) to a charitable
Patna High Court CR. MISC. No.38277 of 2026(2) dt.17-06-2026
2/3
organization, without prejudice to his defence and without
admitting guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the fact that the petitioner was not
caught on the spot, this application for anticipatory bail stands
allowed.
7. Accordingly, let the petitioner, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with
two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending/successor Court
in connection with Phulparas P.S. Case No. 83 of 2026, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S., also with further conditions that:-
(i) The petitioner shall deposit a
sum of Rs. 25,000/- (Rupees Twenty-Five
Thousand Only) with Ramakrishna Mission
Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar 842002 and shall
produce a valid receipt thereof before the
court below. The bail bonds shall be
accepted only after verification of the
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genuineness of the said receipt.
(ii) The petitioner shall mark his
attendance at Phulparas Police Station on
every Sunday of each month. In the event of
default, the bail bonds shall be liable to be
cancelled.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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