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Patna High Court

Ankush kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Ankush Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 243 litres of liquor were recovered from two motorcycles. He claimed innocence, stating he owned neither motorcycle and that no incriminating material was found in his possession, and highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the absence of evidence, the petitioner’s clean record, and the length of his custody since 24‑11‑2025. Consequently, the court decided to grant bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount. The bail order was issued by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and evidence.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure
  • suspicion
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12515 of 2026
                        Arising Out of PS. Case No.-69 Year-2025 Thana- Lalitgram District- Supaul
                 ======================================================
                 Ankush kumar Son of Virendra Paswan Resident Of Village- Bouraha Police
                 Station- Karjain Bazar District -Supaul

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Lalitgram P.S. Case No. 69 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 243 liters

                   liquor was recovered from two motorcycles and the petitioner

                   was arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
             Patna High Court CR. MISC. No.12515 of 2026(2) dt.24-02-2026
                                                         2/2




                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submitted that the petitioner is not the

                       owner of any of the motorcycles in question. It is further

                       submitted that the petitioner has been arrested only on the basis

                       of suspicion. The petitioner is in custody since 24.11.2025 and

                       has got no criminal antecedent. There is no compliance of

                       Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Lalitgram P.S. Case

                       No. 69 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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