Patna High Court
Anand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners, finding insufficient grounds to deny release.
Summary
Anand Kumar and Saddam Ansari were arrested after 233.280 litres of illicit foreign liquor was seized from a vehicle driven by the second petitioner, with the first petitioner seated inside. The petitioners claimed they were unaware of the contraband, having hired the vehicle for an emergency, and asserted their innocence, citing a clean antecedent and that the liquor belonged to the vehicle's owner. The prosecution filed a charge sheet under Section 30(a) of the Bihar Prohibition and Excise Act. The court considered the nature of the recovery, the charge sheet, the length of custody since 27‑03‑2026, and the petitioners' clean record. Finding no incriminating evidence directly linking the petitioners to the contraband, the court ordered their release on bail with specified conditions, including surety bonds and attendance requirements.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the seizure.
- Whether the accused had knowledge of or participated in the possession of illicit liquor.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- prohibition and excise
- illicit liquor
- knowledge
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42127 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- SANHAULA District- Bhagalpur
======================================================
1. Anand Kumar, S/o Rajkumar Bhagat, R/o Village - Amarpur Bhaduriya, P.S
- Amarpur, District - Dumka
2. Saddam Ansari, S/o Md. Raffi Ansari R/o Village - Dumka, P.S - Town,
District - Dumka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikram Singh, Advocate
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Sanahaula P.S. Case No.35/2026, registered for
the offence under Section 30 (a) of Bihar Prohibition and Excise
Act.
3. As per prosecution case, from the car being driven
by the petitioner no.2 in which the petitioner no.1 has been
sitting, recovery of 233.280 liters of illicit foreign liquor was
made, during checking of vehicles.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.42127 of 2026(2) dt.01-07-2026
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case. Nothing incriminating has been recovered from the
person/possession of the petitioners. It was the owner of the
vehicle, who has kept the illicit liquor in his car and the
petitioners were not knowing about the contraband as they took
the car on hire to meet some emergency. The petitioners are in
custody since 27.03.2026 and is having clean antecedent. The
charge sheet has been submitted.
5. Learned A.P.P. vehemently opposes the submission
made on behalf of the petitioners.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of recovery, submission of charge sheet against the
petitioners, period of custody of the petitioners and their clean
antecedent, the petitioners are directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Judge-II,
Bhagalpur/ concerned court, in connection with Sanhaula P.S.
Case No.35/2026, subject to the conditions mentioned in
Section 480 (3) of BNSS and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
Patna High Court CR. MISC. No.42127 of 2026(2) dt.01-07-2026
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(ii) The petitioners will remain present on
each and every date fixed by the below, if
so required by the learned trial court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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