Patna High Court
Anuj Kumar @ Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Anuj Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 100.050 litres of liquor were recovered from the house of co‑accused Pankaj Kumar. The petitioner contended that he was falsely implicated, that the liquor was not in his possession, and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. He had been in custody since 8 December 2025 and possessed five prior criminal antecedents. The State opposed bail. Considering the lack of direct possession, the alleged false implication, and the procedural lapse, the Court decided to grant bail subject to a bond of Rs 15,000 with two sureties and conditions of appearance.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- false implication
- criminal antecedents
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.495 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- BHAWANIPUR District- Purnia
======================================================
Anuj Kumar @ Ankit Kumar Son of Late Vakil Chaudhari Resident of
village- Bhawandevi Tola, P.S- Bhawanipur, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhawanipur P.S. Case No. 253 of 2025 instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 100.050
litres of liquor has been recovered from the house of the co-
accused Pankaj Kumar.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.495 of 2026(2) dt.19-01-2026
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incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the house of the co-accused Pankaj Kumar. The petitioner
has got no concern with the alleged recovery of liquor. The
petitioner is in custody since 08.12.2025 and has five criminal
antecedents. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhawanipur P.S.
Case No. 253 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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