Patna High Court

Anku @ Nagendra KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to bond and conditions.

Summary

Anku @ Nagendra Kumar was arrested after 653.85 litres of liquor were recovered from an ambulance vehicle, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely the driver, had no knowledge of the liquor, the vehicle did not belong to him, and no incriminating material was found in his possession; he also had no prior criminal record. The State opposed bail, arguing the seriousness of the offence. The Court examined the lack of direct evidence against the petitioner, his clean record, and the duration of his custody since September 2025. Concluding that the circumstances favored liberty, the Court granted bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance. The bail order was conditioned on the framing of charge, a family member as a surety, and the possibility of cancellation upon default.

Issues considered

Whether the petitioner is entitled to bail pending trial for the offence under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the lack of incriminating material and the petitioner’s claim of no knowledge justify granting bail

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
excise
liquor seizure
Section 30(a)
Bihar Prohibition and Excise Act
criminal procedure
ambulance vehicle

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84950 of 2025
                       Arising Out of PS. Case No.-936 Year-2025 Thana- DANAPUR District- Patna
                 ======================================================
                 Anku @ Nagendra Kumar S/O Bijendra Ray Resident of Village- Gonwan,
                 Ward No. 02, P.S.- Naubatpur, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Satish Chandra, Advocate
                 For the Opposite Party/s :       Mrs.Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in Special Excise Case No.

                   1932 of 2025, arising out of Danapur P.S. case No. 936 of 2025

                   instituted for the offences under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 653.85 liters

                   liquor was          recovered from Ambulance vehicle and the

                   petitioner was arrested on spot.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case.       No incriminating material has been recovered

                   from the conscious possession of the petitioner. The petitioner
Patna High Court CR. MISC. No.84950 of 2025(3) dt.19-01-2026
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          has got no concern with the alleged recovery of liquor. It is

          further submitted that the vehicle in question does not belong to

          the petitioner. The petitioner is driver of the vehicle in question

          and he had no knowledge regarding nature of goods kept in the

          vehicle. The petitioner is in custody since 04.09.2025 and has

          got no criminal antecedent. There is no compliance of Section

          103 of B.N.S.S., 2023.

                      5. Learned A.P.P. 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 and 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, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Special Excise Case No. 1932 of 2025,

          arising out of Danapur P.S. case No. 936 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
           Patna High Court CR. MISC. No.84950 of 2025(3) dt.19-01-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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