Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Anil Kumar, was arrested in connection with the recovery of 144 litres of illicit liquor under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He claimed a clean antecedent and asserted that he was falsely implicated, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court, after considering the facts and submissions, allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties, subject to conditions including a Rs. 25,000 donation, regular attendance at the police station, and verification of antecedents. The order clarified that its observations are prima facie and do not affect the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under the Bihar Prohibition and Excise Act for alleged illicit liquor offences.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
Subjects
- bail
- regular bail
- prohibition law
- excise law
- illicit liquor
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39702 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- KISHANPUR District- Supaul
======================================================
Anil Kumar S/o Brahm Narayan Prasad @ Braham Narayan Prasad Resident
of Village- Chikani Ward No. 09, P.S.- Bhapatiyahi, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh
For the Opposite Party/s : Mr. Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Kishanpur P.S. Case No. 100 of
2026, registered for offences punishable under Sections 30(a)
and 41(1) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
144 liters of illicit liquor. The petitioner is in custody since
11.05.2026 and claims clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that 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.39702 of 2026(2) dt.22-06-2026
2/3
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case and the submissions advanced on behalf of the parties,
the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on 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 the learned Court concerned where the case is
pending/successor court in connection with Kishanpur P.S. Case
No. 100 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Math, Bhatta Bazar, Purnea,
Bihar, and shall produce a valid receipt thereof
before the court below. The bail bonds shall be
accepted only after verification of the genuineness
of the said receipt.
(ii). The petitioner shall mark his
attendance at Bhapatiyahi Police Station on every
1st and 3rd Sunday of each month. In the event of
default, the bail bonds shall be liable to be
cancelled.
Patna High Court CR. MISC. No.39702 of 2026(2) dt.22-06-2026
3/3
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
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)
Shishir/-
U T
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