Patna High CourtCR. MISC./1045/2026bail granted

Anshu Kumar v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1045 of 2026 Arising Out of PS. Case No.-417 Year-2025 Thana- EXCISE MAHARAJGANJ DistrictSiwan ====================================================== Anshu Kumar Son of Raju Singh Resident of Village- Bhikhampur, P.S.- Bhagwanpur Hat, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Maharajganj PS Case No. 417 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 173.7 liters of foreign liquor was recovered from behind the house of the petitioner.

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. Learned counsel

Patna High Court CR. MISC. No.1045 of 2026(2) dt.19-01-2026 2/2 for the petitioner submits that the recovery has been made from an open place which is accessible to one and all and petitioner was implicated in this case on the disclosure made by the local chowkidar due to village politics. The petitioner is in custody since 11.12.2025 and has got one criminal antecedent. 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 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 Maharajganj PS Case No. 417 of 2025.

(Rudra Prakash Mishra, J) Siddharth Soni/- U T