Patna High Court
Anjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic Substances (Suppression) Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41(1)
- Criminal Procedure Code (CrPC) — s. 438(2)
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
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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
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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/-
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