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2026 DAILYLAW 9012 (PAT)

Anil Kumar v. The State of Bihar

CR. MISC./12521/2026 · 2026-02-24

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12521 of 2026 Arising Out of PS. Case No.-19 Year-2026 Thana- Excise P.S. District- Sheikhpura ====================================================== Anil Kumar S/O Sumitra Nandan Prasad resident of Mohallaa- Sakaldeo Nagar, P.S- Mission, Dist - Sheikhpura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 24-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Sheikhpura Excise P.S. Case No. 19 of 2026, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 107.500 liters liquor was recovered from the house of the petitioner and he 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 has got Patna High Court CR. MISC. No.12521 of 2026(2) dt.24-02-2026 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submitted that the alleged recovery has been made from joint house of the petitioner where other family members also reside. The petitioner is in custody since 11.01.2026 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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 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 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 Sheikhpura Excise P.S. Case No. 19 of 2026. Rajorshi/- (Rudra Prakash Mishra, J) U T