Patna High CourtCR. MISC./29047/2026allowed

Anoj Kumar v. The State Of Bihar

2026-05-06Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29047 of 2026 Arising Out of PS. Case No.-160 Year-2026 Thana- Excise P.S. District- Aurangabad ====================================================== Anoj Kumar S/o- Basant Paswan R/v- Baglati Ps- Mohanpur Dist- Gayaji ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30 (a) and 32 (3) of Bihar Prohibition and Excise Act, 2018.

3. The case of the prosecution, in short, is that from a car altogether 280 litre of illicit spirit was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that the petitioner is the driver of the said car. It has further been submitted that nothing has been recovered from his possession. The witness of the seizure list are police personnel. Police has not complied Section 103 of the B.N.S.S while making seizure list. It has

Patna High Court CR. MISC. No.29047 of 2026(2) dt.06-05-2026 2/2 further been submitted that the petitioner was unaware of the consignment. He is merely a driver. Moreover, the petitioner is languishing in judicial custody since 08.02.2026 having criminal antecedent of one case.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 160 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court-II, at Aurangabad.

(Ashok Kumar Pandey, J) vashudha/- U T