Kanhaiya Patel @ Kanhaiya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38186 of 2026 Arising Out of PS. Case No.-104 Year-2026 Thana- Excise P.S. District- Sheohar ====================================================== Kanhaiya Patel @ Kanhaiya Kumar S/o Nandeshwar Patel R/o VillageSheohar, Ward No. 14, P.S- Sheohar, Dist- Sheohar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar For the Opposite Party/s :
Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-06-2026 Heard the learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends arrest in connection with Sheohar Excise P.S. Case No. 104 of 2026 registered for offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. There is recovery of 11.700 liters of illicit liquor from the campus of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has not committed any offence. He further submits that the petitioner is ready to donate Rs. 25,000/- (Rupees Twenty Five Thousand Only) in some charitable organization without accepting his guilt. It is further submitted that there is no recovery from the conscious
Patna High Court CR. MISC. No.38186 of 2026(2) dt.16-06-2026 2/3 possession of the petitioner.
5. Learned APP for the State has vehemently opposed the prayer of the petitioner.
6. Considering the facts and circumstances of the case and the submission of learned counsel for the petitioner, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Prohibition P.S. Sheohar Case No. 104 of 2026 subject to the conditions as laid down under Section 482(2) of the BNSS and with further condition(s) that:- (I). The petitioner shall deposit an amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) in Ramakrishna Mission Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar and produce the receipt of the same before the Court below.
The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.
(ii). The petitioner is directed to mark his attendance at Sheohar Police
Patna High Court CR. MISC. No.38186 of 2026(2) dt.16-06-2026 3/3 Station on every 1st and 3rd Sunday of each month. Failure to do so, will result in cancellation of bail bond of the petitioner.
8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.
(Sandeep Kumar, J) Shishir/- U T