Patna High Court

Anjani Kumar @ AnjaniversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to a bond of Rs.15,000 with two sureties and conditions of appearance.

Summary

The petitioner, Anjani Kumar, a co‑driver, was arrested in connection with the recovery of 84.6 litres of illicit liquor from a vehicle, alleged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the liquor and that no incriminating material was found in his possession, though he has three prior criminal antecedents. The State opposed bail, but the court noted the lack of compliance with Section 103 of the BNSS, 2023 and the period of custody already served. Considering these facts, the court decided to grant bail, subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and regular appearance. The bail order was made after framing of charge, if not already done.

Issues considered

Whether bail should be granted to the petitioner despite prior criminal antecedents and alleged involvement in illicit liquor possession
Whether the petitioner’s claim of lack of knowledge and absence of incriminating material warrants bail
Whether non‑compliance with Section 103 of the BNSS, 2023 affects the bail decision

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
excise
illicit liquor
Bihar Prohibition and Excise Act
Section 103 BNSS
co‑driver
criminal antecedents
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90591 of 2025
                      Arising Out of PS. Case No.-493 Year-2025 Thana- Excise P.S. District- Begusarai
                 ======================================================
                 Anjani Kumar @ Anjani S/o Late Devendra Rajak @ Dev Kumar Resident of
                 Ward No. 5, Singhaul, Ulao, P.S.- Singhaul, District- Begusarai, State- Bihar
                                                                                 ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Vikram Anurag, Adv.
                 For the Opposite Party/s :         Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   13-01-2026             Heard        Mr. Vikram Anurag learned counsel for the

                   petitioner and Mrs. Renu Kumari learned APP for the State.

                           2.       The petitioner seeks bail in connection with

                   Begusarai Excise PS Case No. 493 of 2025 instituted for the

                   offences under Sections 30(a) , 32(3) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 84.6 liters

                   liquor was recovered from the car.

                           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 has got

                   no concern with the alleged recovery of liquor. Petitioner is the co-

                   driver of the vehicle in question and he is not aware of the fact that

                   illicit liquor was loaded in the vehicle. The petitioner is in custody
           Patna High Court CR. MISC. No.90591 of 2025(2) dt.13-01-2026
                                                       2/2




                     since 13.11.2025 and has got three criminal antecedents. There is

                     no compliance of Section 103 of the BNSS, 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 Begusarai Excise PS Case No. 493 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

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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