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Patna High Court

Anand KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                                             (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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