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Patna High CourtCR. MISC./42127/2026bail granted

Anand Kumar v. The State Of Bihar

2026-07-01Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42127 of 2026 Arising Out of PS. Case No.-35 Year-2026 Thana- SANHAULA District- Bhagalpur ====================================================== 1.

Anand Kumar, S/o Rajkumar Bhagat, R/o Village - Amarpur Bhaduriya, P.S - Amarpur, District - Dumka 2.

Saddam Ansari, S/o Md. Raffi Ansari R/o Village - Dumka, P.S - Town, District - Dumka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. In the present case, the petitioners seek bail in connection with Sanahaula P.S. Case No.35/2026, registered for the offence under Section 30 (a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, from the car being driven by the petitioner no.2 in which the petitioner no.1 has been sitting, recovery of 233.280 liters of illicit foreign liquor was made, during checking of vehicles.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.42127 of 2026(2) dt.01-07-2026 2/3 case. Nothing incriminating has been recovered from the person/possession of the petitioners. It was the owner of the vehicle, who has kept the illicit liquor in his car and the petitioners were not knowing about the contraband as they took the car on hire to meet some emergency. The petitioners are in custody since 27.03.2026 and is having clean antecedent. The charge sheet has been submitted.

5. Learned A.P.P. vehemently opposes the submission made on behalf of the petitioners.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the nature of recovery, submission of charge sheet against the petitioners, period of custody of the petitioners and their clean antecedent, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Bhagalpur/ concerned court, in connection with Sanhaula P.S. Case No.35/2026, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions : (i) One of the bailors will be a close relative of the petitioners.

Patna High Court CR. MISC. No.42127 of 2026(2) dt.01-07-2026 3/3 (ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T