Patna High Court
Anil Kumar @ Anil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, as there was no prima facie material linking him to the illicit liquor possession.
Summary
The petitioner, Anil Kumar, was implicated in a case of illegal liquor trade after 1,166 litres of illicit liquor were recovered from a van he allegedly drove. He was not named in the FIR and no material linked him directly to the possession of the liquor. The petitioner argued that there was no independent evidence of his involvement and highlighted his clean antecedent. The Additional Public Prosecutor opposed anticipatory bail. The court noted the lack of physical possession by the petitioner and, considering his clean record, directed that he be released on anticipatory bail upon surrender, furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted when the accused is not named in the FIR and no material evidence links him to the alleged offence.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 45
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- clean antecedent
- driver
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41998 of 2026
Arising Out of PS. Case No.-501 Year-2023 Thana- WAJIRGANJ District- Gaya
======================================================
Anil Kumar @ Anil Yadav, S/o Karu Yadav, Resident of Village- Raengaini,
P.S- Wazirganj, District- Gaya,
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Wazirganj
P.S. Case No.501 of 2023 registered under Sections 30(a)
and 45 of the Bihar Prohibition and Excise Amendment Act,
2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 1166 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the alleged recovery was made from a
Patna High Court CR. MISC. No.41998 of 2026(2) dt.30-06-2026
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pick-up van bearing Registration No. BR02T-6692. It is
further submitted that the petitioner was not apprehended
from the spot and has been implicated as an accused solely
on the allegation that he was the driver of the seized vehicle,
without there being any independent material to establish his
involvement in the alleged offence. It is also pointed out that
nothing has been recovered from the conscious possession of
the petitioner. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Court No.-5, Gaya in
Patna High Court CR. MISC. No.41998 of 2026(2) dt.30-06-2026
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connection with Wazirganj P.S. Case No.501 of 2023,
subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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