Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
Anil Kumar was arrested in connection with an excise case (Case No. 215 of 2025) where 56.250 litres of liquor were recovered from a motorcycle. The petitioner contended that he was falsely implicated, had no incriminating article in his possession, and bore no link to the vehicle or the liquor, also noting his lack of criminal antecedents and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his bail application. Considering the circumstances, including the period of custody and the absence of direct evidence against him, the Court granted bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act offences and in view of non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- false implication
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.525 of 2026
Arising Out of PS. Case No.-215 Year-2025 Thana- JHANJHARPUR District- Madhubani
======================================================
Anil Kumar S/o Munna Lal Sah @ Muna Lal Sah R/o - Singrahi, Ward
No.10, P.S - Laukahi, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, 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
Jhanjharpur Excise P.S. Case No. 215 of 2025 instituted for the
offences punishable under Section 30(a), 32(1), 32(3) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 56.250
litres of liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.525 of 2026(2) dt.19-01-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 16.11.2025 and has no criminal antecedent. 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 Jhanjharpur Excise
P.S. Case No. 215 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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