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Patna High Court

Anjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted as the petitioner was not directly implicated in the seizure and had a clean antecedent.

Summary

The petitioner, Anjay Kumar, was implicated in a case of alleged illegal manufacture and trade of illicit liquor under the Bihar Prohibition and Excise Act, although his name does not appear in the FIR. The prosecution alleged that a motorcycle registered to Avnish Kumar was used to transport 15 litres of illicit liquor, and that the petitioner was associated with the consignment. The petitioner contended that he was neither present at the scene nor the owner of the vehicle, and that the seizure was not made from his conscious possession, emphasizing his clean antecedent. The Additional Public Prosecutor opposed the grant of anticipatory bail. The Court examined the factual submissions and noted the lack of direct possession or involvement by the petitioner, and consequently directed that he be released on bail upon furnishing a bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order effectively granted anticipatory bail to the petitioner.

Issues considered

  • Whether anticipatory bail under Section 438 of the CrPC can be granted when the accused is not named in the FIR and there is no evidence of conscious possession of the illicit liquor.
  • Whether the provisions of Section 482 of the BNSS are applicable in granting bail in this context.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • clean antecedent
  • Section 438 CrPC
  • Section 482 BNSS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.42191 of 2026
                   Arising Out of PS. Case No.-205 Year-2023 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Anjay Kumar Son of Rambabu Prasad Resident of Village- Dhabadhabava,
                 P.S.- Adapur, District- East Champaran

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr.Manoj Kumar, Advocate
                 For the Opposite Party :         Mr.Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-07-2026                     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 Sugauli P.S.

                   Case No.205 of 2023 registered under Section 30(a), 32,

                   41(1) of Bihar Prohibition and Excise Act.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 15 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner arrayed on the

                   disclosure made by registered owner of a bike bearing
Patna High Court CR. MISC. No.42191 of 2026(2) dt.01-07-2026
                                            2/3




          Registration No. BR22W 4150, namely, Avnish Kumar,

          which was involved in carrying illegal consignment of illicit

          liquor. It is also submitted that petitioner was neither

          present at the spot nor the petitioner is the owner of the said

          motorcycle. It is further submitted that recovery of illicit

          liquor was not made from conscious possession of this

          petitioner. It is also submitted that the seizure list also

          appears doubtful being not supported by independent

          witnesses rather than by police personnel. 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 note of the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, who is a man of clean antecedent, accordingly,

          the petitioner, above-named, 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
            Patna High Court CR. MISC. No.42191 of 2026(2) dt.01-07-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of the

                      learned      Exclusive       Special      Judge-I,   East   Champaran,

                      Motihari, in connection with Sugauli P.S. Case No.205 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.)

Aniket/-
U       T


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