Anjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42191 of 2026 Arising Out of PS. Case No.-205 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Anjay Kumar Son of Rambabu Prasad Resident of Village- Dhabadhabava, P.S.- Adapur, District- East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Manoj Kumar, Advocate For the Opposite Party :
Mr.Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR and apprehending his arrest in connection with Sugauli P.S. Case No.205 of 2023 registered under Section 30(a), 32, 41(1) of Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 15 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for the petitioner that the name of petitioner arrayed on the disclosure made by registered owner of a bike bearing
Patna High Court CR. MISC. No.42191 of 2026(2) dt.01-07-2026 2/3 Registration No. BR22W 4150, namely, Avnish Kumar, which was involved in carrying illegal consignment of illicit liquor. It is also submitted that petitioner was neither present at the spot nor the petitioner is the owner of the said motorcycle. It is further submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. It is also submitted that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.42191 of 2026(2) dt.01-07-2026 3/3 sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-I, East Champaran, Motihari, in connection with Sugauli P.S. Case No.205 of 2023, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) Aniket/- U T