Patna High Court
ANIL KUMAR @ ANIL CHAUPALversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Anil Kumar, was arrested in connection with a case alleging possession of 72 litres of illicit liquor, a pistol and live cartridges, and charged under sections of the Bharatiya Nyaya Sanhita, the Bihar Prohibition and Excise Act and the Arms Act. The prosecution alleged the contraband was recovered from a motorcycle and from a co‑accused, while the petitioner contended he was falsely implicated, that no incriminating article was found in his possession, and that he has no prior criminal record. He also argued that the required compliance under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not met. The State opposed bail. Considering the lack of direct evidence against the petitioner, his clean record and the period of custody already served, the Court decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the alleged offences
- Whether the petitioner’s alleged involvement meets the criteria for continued detention under the relevant statutes
- Whether the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, has been complied with
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- criminal procedure
- false implication
- liquor offences
- arms offences
- Section 103
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.673 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- LAUKAHA District- Madhubani
======================================================
ANIL KUMAR @ ANIL CHAUPAL S/O Rama Chaupal @ Rama Mandal
R/O Vill.- Sonbarsa, P.S.- Laukahi, Dist.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jaishankar Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, 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 Luakaha
P.S. Case No. 174 of 2025 instituted for the offences punishable
under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita,
2023 and 30(a) of the Bihar Prohibition and Excise Act as also
25(1-b)a, 26, 35 of the Arms Act.
3. The prosecution case, in short, is that total 72 litres
of liquor was recovered from motorcycle. It is further alleged
that there is recovery of one pistol and two live cartridges from
the co-accused.
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.673 of 2026(2) dt.19-01-2026
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incriminating article has been recovered from the conscious
possession of the petitioner. He further submitted that the
recovery of arms and ammunitions has been made from the co-
accused. Learned counsel further submitted that petitioner is in
no manner connected with the vehicle in question or the alleged
recovery of liquor and arms. The petitioner is in custody since
28.10.2025 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 Luakaha P.S. Case
No. 174 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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