The court granted anticipatory bail to the petitioner in an excise case involving foreign liquor recovery. The court noted the petitioner was not the car owner, was not recovered at the spot, and no liquor was seized from his possession.
Anticipatory bail granted for 6 weeks with bail bond of Rs. 10,000 and two sureties of Rs. 10,000 each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9092 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- PUSA District- Samastipur
======================================================
Shivanand Gandhi @ Gandhi S/o- Shyam Kumar Singh @ Shyam Kumar Suman R/v- Thahra, Ps- Waini Dist- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Hemant Ray, Advocate Mr. Sagar Kumar, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 19-02-2026
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Patna High Court CR. MISC. No.9092 of 2026(2) dt.19-02-2026 2/3
which he is on bail. Name of the petitioner has been transpired in this case on the basis of secret information and the source of secret information has not been divulged in the FIR, which questions the authenticity of the FIR and the petitioner cannot be held liable for the alleged recovery. The petitioner was not found at the place of occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized liquor. He further submits that the petitioner is neither the owner nor the driver of the said vehicle. He further submits that the petitioner has roped in a case one after another in a routine manner without any basis. There is no compliance of Section 103 of the B.N.S.S. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.
Patna High Court CR. MISC. No.9092 of 2026(2) dt.19-02-2026 3/3
consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of learned Special Judge Excise-1, Samastipur in connection with Pusa P.S. Case No. 141/2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
(Alok Kumar Pandey, J)
amitkumar/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in an excise case where he was not recovered at the spot and no incriminating article was seized from him?
3 provisions across 2 enactments
Shivanand Gandhi
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
