Anshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11410 of 2026 Arising Out of PS. Case No.-142 Year-2023 Thana- SUIYA District- Banka ====================================================== Anshu Kumar S/O Arun Singh R/O Village- Sharepur, P.S- Basudeopur, Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mrs.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in Suiya PS Case no. 142 of 2023 dated 29-10-2023, registered under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. The allegation is of recovery of 25.080 litres of illicit foreign liquor from scooty of the petitioner bearing Registration No. BR08Q1472.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that no contraband has been recovered from the petitioner's scooty. It is next submitted that the petitioner is merely the owner of the said scooty and had no

Patna High Court CR. MISC. No.11410 of 2026(2) dt.17-02-2026 2/3 knowledge about the alleged illicit liquor kept in the seized vehicle. Lastly, it is submitted that five criminal cases are pending against the petitioner and he has been in judicial custody since 13-01-2026.

5. Learned Additional Public Prosecutor for the State has opposed the prayer.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Exclusive Excise Court No. 2, Banka, in connection with Suiya PS Case no. 142 of 2023, subject to the following conditions:(i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the

Patna High Court CR. MISC. No.11410 of 2026(2) dt.17-02-2026 3/3 court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till conclusion of the trial.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U