Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that anticipatory bail could not be granted as the illegal liquor and firearms were recovered from the petitioner’s house, and the precedent of Ram Vinay Yadav v. State of Bihar was applicable.
Summary
Arun Kumar applied for anticipatory bail after the police registered a case (Nagarnausa P.S. Case No. 275/2025) alleging possession of a country‑made pistol, live cartridges and 3 litres of illicit country‑made liquor. The FIR claimed the items were recovered from his residence. The petitioner contended that the seizure was unlawful, that he had no knowledge or possession of the contraband, and that the police violated Section 103 of the Bihar Narcotic and Smuggling (B.N.S.S.) Act during the search. The court examined the factual record, noting that the prohibited liquor and firearms were indeed recovered from the petitioner’s house, and considered the precedent set in Cr. Appeal (SJ) No. 431 of 2019 (Ram Vinay Yadav v. State of Bihar). Relying on that Full Bench judgment, the judge declined to grant anticipatory bail, finding no merit in the petitioner’s claim of false implication. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the recovery of illegal liquor and firearms from his premises.
- Whether the police complied with the procedural requirements of Section 103 of the B.N.S.S. Act during the search and seizure.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26(1)
- B.N.S.S. Act — s. 103
Subjects
- anticipatory bail
- illegal liquor
- illegal arms
- search and seizure
- Section 103
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7959 of 2026
Arising Out of PS. Case No.-275 Year-2025 Thana- NAGARNAUSA District- Nalanda
======================================================
Arun Kumar S/o Ramjee Prasad R/o Village - Sahpur Belwa, P.S.- Nagar-
nausa, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bishwa Bijay Kumar
For the Opposite Party/s: Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 17-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Nagarnausa P.S. Case No. 275 / 2025 dated 30.10.2025
registered for the offence under Section 30(a) of the Bihar Pro-
hibition and Excise Amendment Act 2022 and Section
25(1-B)(a) / 26(1) of the Arms Act.
3. As per the first information report one country made
pistol, five live cartridges and 03 liters of country made ‘chulai’
liquor kept in two sprite bottles have been recovered from the
house of the petitioner.
4. Learned counsel for the petitioner submits that petitioner
is innocent and has falsely been implicated in this case by the
Police due to oblique motive. He submits that no arms and
ammunition and country made wine has been recovered from
Patna High Court CR. MISC. No.7959 of 2026(2) dt.17-02-2026
2/2
the conscious possession of the petitioner. The Police during
search and seizure did not follow the provisions contemplated
under Section 103 of the B.N.S.S. The petitioner has no
criminal antecedent.
5. Regard being had to the submissions advanced by the
parties, taking into consideration the fact that illicit country
made liquor along with fire arm and cartridges have been recov-
ered from the house of the petitioner and in view of Full Bench
judgment of this Court rendered in Cr. Appeal (SJ) No. 431 of
2019 (Ram Vinay Yadav versus The State of Bihar), I am not in-
clined to extend the privilege of anticipatory bail to the
petitioner. The same is rejected.
(Anil Kumar Sinha, J)
praful/-
U T
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